HYUNDAI MOTOR INDIA LTD Vs. T. N. GROVER

JUDGEMENT

(1.) Present Regular Second Appeal has been filed assailing the judgment dated 28.02.2019 passed by the First Appellate Court whereby the appeal of the Appellants preferred against the judgment and decree dated 19.09.2017, was dismissed. Appellants herein were the Defendants in the suit and Respondent was the Plaintiff.

(2.) The facts of the case in a narrow compass are that the Respondent/Plaintiff purchased a new Hyundai Accent Car bearing Registration No. DL-9-CH-0668 from M/s. Rama Motors Pvt. Ltd., a registered dealer. At the time when the car was purchased, Appellants/Defendants were conducting a "World Cup Contest? as a part of their Sales Promotion Scheme. Under the Scheme, all those who purchased any Hyundai Model Car, during the specified period, could participate in the contest. The details of the contest and the various prizes were published in widely circulated newspapers for the benefit of the general public on 13.06.2002. According to the Scheme, the following prizes were to be awarded to the winners of the contest :-

(3.) Respondent/Plaintiff participated in the contest and filled up the necessary entry forms while purchasing the vehicle. He thereafter received a letter dated 14.08.2002 from the Appellants/Defendants informing him that he had won the third prize in the contest which was concluded on 08.08.2002 albeit the weight of the gold coin was mentioned as 5 Grams as against the weight of 100 Grams, which was the third prize as per the publication in the newspapers. He was also informed that the prize would be sent through direct mailers at the address of the Respondent/Plaintiff by 31.08.2002. To this extent, the facts are undisputed between the parties.