ASHOK KUMAR SHIVPURI Vs. AKBARALLY

JUDGEMENT

(1.) The complaint filed by the petitioner was dismissed by the District Forum and appeal filed by the petitioner against the said order of the District Forum was also dismissed. We have heard the petitioner who is present in person and Counsel for the OPs. Notice was issued for final disposal at the admission stage.

(2.) The complainant had approached the District Forum with a grievance that he was eligible to get Reliance mobile irrespective of whether he took connection or not as per the advertisement. The case of the complainant is that on the basis of advertisement 'Diwali Dhamaal', he had purchased goods worth Rs.14,178 from OP No. 1 - M/s. Akbarally's. He was given three free gifts under the said scheme, but he was denied Reliance mobile on the ground that Reliance mobile would be provided only if he took Reliance connection on payment of required charges. The grievance of the complainant is that OP No. 1 was forcibly selling the connection duly activated under the garb of the said advertisement wherein it was clearly shown that a free Reliance mobile set shall be provided on purchase of goods valued from Rs.1,000 to Rs. 10,000 and above besides guaranteed gifts etc. The complainant also alleged that OP No. 1, M/s. Akbarally's in collusion with Reliance Industries Ltd.-OP No. 2 were cheating the customers by misguiding under the garb of promotion scheme.

(3.) The OP No. 1, M/s. Akbarally's refuted the allegations made by the complainant by stating that the offer was very clear which shows that conditions apply and as such the complainant was required to comply with the conditions which he failed to do so. It is further submitted that no deficiency in service has been pointed out. It has been explained that the hand set i.e. mobile of Reliance make does not function like other mobiles unless activated and connected by the Company to use the hand set and the Reliance mobile works on CDMA technology in which Sim Card is fixed and cannot be detached. It is also pointed out that the other mobiles function on GSM technology with a detachable Sim Card. It is further stated that for acquiring the Reliance mobile, certain documents are required to be submitted to the Company for connection and the handset is by itself is not available in the market. In the scheme offered the upfront charge of Rs. 501 was waived, but the connection charges were required to be paid and certain documents were to be filed to avail of the scheme. It is also pointed out that in the advertisement it is clearly stated "Plus Reliance India Mobile Connection" * with an asterix mark which at the bottom of the page shows "subject to RIM approval". OP No. 1 further submitted that one more note is shown at the bottom, which shows "Conditions apply". These conditions include that for a mobile handset, connection is required to be taken and undertaking has to be furnished. The complainant refused to sign the undertaking and as such, he was not entitled to a Reliance mobile phone.