STAR INDIA (P) LTD. Vs. SOCIETY OF CATALYSTS

JUDGEMENT

(1.) These appeals arise out of the judgment dated 11.9.2008 of the National Consumer Disputes Redressal Commission ("National Commission") allowing the consumer complaint filed by Respondent No. 1 in both these appeals against the Appellants.

(2.) The brief facts giving rise to these appeals are as follows:

(3.) The National Commission in the impugned judgment observed that though the Appellants had not disclosed the revenue earned from the HSHS contest on grounds of confidentiality of proprietary information, it was apparent that they had created an impression that the prize money was being given free of charge, even though they had not disputed that the prize money for the HSHS contest was paid out of the money collected through SMS charges. The Commission relied upon the figures stated in the newspaper article dated 15.7.2007 (supra), and found that since the Appellants had not denied that they had received 58 million SMSes, they would have collected Rs. 13.92 crore from the participants of the HSHS contest for such messages, whereas a total sum of only Rs. 1.04 crores was paid as prize money. Thus, the gross earnings of the Appellants were disproportionate to the cost of the prizes offered.