IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 323/09 DATED 25.09.2009<br /> ORDER<br /> <br /> Complainant Chandrakumar.H.N.,<br /> No.10, C Block, 1st Floor, New Jail Quarters, Central Jail Premises, Mysore-570007.<br /> <br /> (INPERSON)<br /> <br /> Vs. <br /> Opposite Party The Manager,<br /> Sangeetha Mobile,<br /> No.980, E and F Block,<br /> Panchamantra Road, Kuvempunagar, Mysore.<br /> <br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 26.08.2009<br /> Date of appearance of O.P. : EXPARTE<br /> Date of order : 25.09.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint against the opposite party, seeking a direction to give gift to the extent of 120% of the goods purchased, on the ground of deficiency in service.<br /> <br /> 2. In the complaint amongst other facts, it is alleged that, the opposite party offered certain gifts to the purchaser of mobile to the extent of 120% of the price of the handset. Accordingly, the complainant purchased mobile handset on 22.06.2008 from the opposite party. It was told by the opposite party that as per the scheme complainant was entitled for one DVD player and one Foldable imported speakers. To get the gifts, the complainant approached the opposite party several times, but the opposite party postponed under some protest. After few months, the opposite party gave a DVD player to the complainant, mentioning in a book that a sum of Rs.800/- has been received towards handling charges and an acknowledgement on the gift voucher has been obtained. The DVD player had problem. Later, it was returned and new one was obtained. Regarding second gift item, the imported foldable speaker, inspite of repeated requests, the opposite party has not informed anything to the complainant. Hence, it is prayed to direct the opposite party to give gift worth 120% of the goods purchased by the complainant, amounting to Rs.6,889/-.<br /> <br /> 3. Despite due service of the notice, the opposite party has remained exparte.<br /> <br /> 4. In support of the allegations made in the complaint, the complainant has filed his affidavit and has produced certain documents. <br /> <br /> 5. We have heard the arguments and perused the material on record.<br /> <br /> 6. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs claimed?<br /> 2. What order?<br /> <br /> 7. Our findings are as under:-<br /> Point no.1 : Negative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> <br /> 8. Point no. 1:- At the end of the first paragraph on 3rd page of the complaint, prayer of the complainant is that “as per the advertisement, gift worth 120% may be given”. That is the prayer of the complainant. In other words, the complainant has sought, that the Forum to direct the opposite party to give gift worth 120% of the goods purchased by the complainant. Of course, at the end of the complaint, various amount is narrated.<br /> <br /> 9. As could be seen from the allegations made in the complaint, the grievance of the complainant is that, opposite party had offered to give certain gifts, in case of purchase of mobile handset. To prove that, the opposite party in fact, had agreed or promised to give such gift, no documents are placed on record. The only documents produced are in respect of purchase of mobile handset and the copy of the notice etc., In the absence of proof that the opposite party had offered to give such gifts, the case put forth by the complainant cannot be accepted. It is specifically mentioned in the complaint that, the opposite party had given a booklet regarding giving gift to the extent of 120% of the goods purchased. Why the complainant has not produced that booklet, no reasons are assigned. Hence, even though, the opposite party has remained exprate, in the absence of cogent and acceptable evidence, the case of the complainant cannot be accepted, as he has withheld the material document, which is with him as alleged in the complaint. <br /> <br /> 10. It is also alleged by the complainant that, act on the part of the opposite party in not giving gifts, amounts to Unfair Trade Practice. But, first of all, the complainant shall have to prove that the opposite party had made such offer. As noted here before, the complainant has not produced any documents, much less, the booklet referred to in the complaint.<br /> <br /> 11. Considering the facts and the material on record, we are of the opinion that the complainant has failed to prove the alleged Unfair Trade Practice on the part of the opposite party and that he is entitled to the amount sought. Accordingly, we answer the point in negative.<br /> <br /> 12. Accordingly we answer the point in negative.<br /> <br /> 13. Point No. 2:- Considering the discussion made above and conclusion arrived at, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. There is no order as to cost.<br /> 3. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 25th September 2009)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />