NESTLE INDIA LTD Vs. M.GURUBARAN

JUDGEMENT

(1.) The case of the complainant is as follows:- The opposite party had advertised that on purchase of 50 grams of "Nestle Classic Coffee Powder" a sugar pot is free and further "Nayi Shuruwat" offer is available for the same purchase. In that offer, first prize is one house worth of Rs.10 lakh, second prize is three prizes of Rs.2 lakhs each and 3rd prize is Rs.50,000/- for 5 and all the prizes to be awarded to the prize winners.

(2.) After being attracted by the advertisement in the wrapper of the Nestle Coffee Power, the complainant purchased 50 grams of Nestle Powder for a sum of Rs.47/- on 19.03.2003 from the 4th opposite party. The complainant opened the pack and to his shock, he found out from the conditions printed on the inner side of the "Nayi Shuruwat" that the offer is not valid in Tamil Nadu.

(3.) The complainant states that the Ops 1 to 3 by printing an attractive offer inside the wrapper, have misrepresented to the consumer. For promoting their business, they induced the complainant and other consumer in Tamil Nadu to buy their product when actually no such offer is available to the consumers in Tamil Nadu. The complainant alleged that because of the deficiency in service and unfair trade practice adopted by the first Ops 1 to 3, the complainant suffered mental agony and so prayed for compensation.