SACHIDANANDAN G. Vs. COCO-COLA INDIA LTD.

JUDGEMENT

(1.) THIS is a complaint filed under Section 18 of the Consumer Protection Act, 1986. The case of the complainant is as follows: The first opposite party Coca Cola India limited introduced the prize winning scheme by the name "Thums -Up Thunder Gear" and the said scheme was advertised as part of their sales promotion of their soft drinks product "Thums -Up". The aforesaid prize scheme offered various prizes such as Tata Safari Car, woodland jacket, waist pouch, thunder jeans, woodland T -shirt, woodland shoes, etc. As per the advertisement any person who collects liners attached to the caps (crown) of the Thums -Up bottles with the alphabets - T,H,U,M,S,U,P plea the liner containing the visual or picture of the prize would be awarded the said prize shown in the liner. The said offer was valid from 15th December, 1998 to 15th February, 1999 and that the prizes will be awarded on "first come first served basis". The said offer was later extended to 28th February, 1999. The complainant collected the caps and liners of Thums -Up bottles containing the alphabets "Thums Up" and also collected the picture of a car printed on a liner contained in the "Thums -Up" cap. The complainant sent such liners to the address mentioned in the advertisement as P.B. No. 13, Kalkaji, New Delhi -19. The complainant sent the said liners on 15.2.1999 by speed post and the same was received by the opposite parties on 16.2.1999. After receiving the prize winning liners, the opposite parties kept mum without sending any reply to the same. The complainant sent several remainders to the opposite parties. However, the opposite parties did not respond. The aforesaid action or inaction on the part of the opposite parties would amount to deficiency in service and unfair trade practice. Hence, the complaint is filed for directing the opposite parties to give a Tata Safari Car and to award the entire cost of the proceedings.

(2.) THE opposite party Nos. 1 to 3 filed joint written version (reply) contending as follows: The complainant is not a consumer within the meaning of the term 'consumer' as defined under Section 2(1)(d) of the Consumer Protection Act, 1986. There is absolutely no proof of the alleged sale and purchase of the bottles of Thums Up. No cash memo has been filed by the complainant relating to the alleged sale and purchase. The complainant purchased the Thums Up bottles for resale purpose. The complainant is running a cool bar and had collected caps/crowns of Thums Up bottles while selling Thums Up bottles to his customers. Since the complainant purchased the Thums Up bottles for resale and for commercial purpose, the complainant cannot claim status of a consumer under the Consumer Protection Act. The complainant has no cause of action to file the present complaint. According to the complainant he sent the liners in question by speed post, whereas as per the prize scheme the liners are to be sent by ordinary post. So, the complainant is not entitled to participate in the prize scheme. The complaint is filed with mala fide intention to harass the opposite parties. The complaint is bad for mis -joinder of parties. The opposite party Nos. 2 and 3 are impleaded with ulterior motive. No allegation is made against the opposite party Nos. 2 and 3. There was no cause of action against the opposite party Nos. 2 and 3. No relief can be granted against the opposite party Nos. 2 and 3. The first opposite party conducted the prize scheme according to the terms and conditions published in the advertisement. The entries were shown and prize given in accordance with the terms and conditions stated in the advertisement appeared in the leading newspapers in the country. As per the terms and conditions of the prize scheme the entries sent by ordinary post up to 28.2.1999 were applicable and entertainable. The entries sent by the complainant cannot be entertained as the same was sent by speed post. The allegation that the complainant sent the entries such as the liners to the opposite party is denied. The allegations that the complainant collected the caps and liners of Thums Up bottles containing alphabets T,H,U,M,S,U,P, and the picture of a car printed on the liner are denied. No liners/entries sent by the complainant were received by the opposite party. No remainder was also received by the opposite party. The allegation that the Tata Safari Car was not awarded on first come first serve basis is also denied. The prize Tata Safari Car was awarded to the person in strict compliances of the terms and conditions of the prize scheme. All the entries received under the prize scheme were duly received by the Auditors M/s. S.R. Bansal and Company and M/s. S.R. Batly Bol and Company, Chartered Accountants and the prize Tata Safari Car was awarded to the winner on first come first serve basis. The complainant is not entitled for the prize since the entries sent by him was not a valid entry. The opposite parties have no liability to deliver the Tata Safari Car and to pay any sum to the complainant by way of costs of the proceedings. Hence the opposite parties prayed for dismissal of the complaint with exemplary cost.

(3.) THE 4th opposite party filed written version (reply) contending as follows: The 4th opposite party is the Hindusthan Coca -Cola Beverages Private Limited. The complainant has wrongly arrayed the Officer of the Hindusthan Coca -Cola. Bottling South West Private Limited as opposite party No. 4. No order can be passed against any officer of the 4th opposite party company. The complaint has been filed in respect of the prize scheme "Thums Up Thunder Gear" and the complaint pertains the said prize scheme only. The said prize scheme was promoted and conducted by M/s. Coca Cola India Limited. All the allegations made in the complaint can be dealt with appropriately by M/s. Coca -Cola India Limited only. The 4th opposite party was not in any way involved in promoting and conducting the said prize scheme. The 4th opposite party is involved in the business of manufacturing and bottling of beverages such as "Coco -Cola", "Limca", "Thums UP", "Fanta", etc. The first opposite pary M/s. Coca Cola India Limited have accepted that they conducted the prize scheme "Thums Up Thunder Gear". The 4th opposite party is not proper and necessary party for the adjudication of the present complaint. The name of the 4th opposite party should be deleted from the array of the opposite parties in the present complaint. The complainant is not entitled to any relief against the 4th opposite party.