LAWS(NCD)-2010-8-3

COCA COLA INDIA P LIMITED Vs. AMARJIT SINGH

Decided On August 09, 2010
COCA-COLA INDIA (P) LIMITED Appellant
V/S
AMARJIT SINGH Respondents

JUDGEMENT

(1.) The challenge in this appeal is to the order dated 20.05.2002 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in complaint case no. 8 of 1999 by which the State Commission held and directed as under:

(2.) The facts are that OP 2 launched a promotion scheme for its soft drink coca-cola during the period 03.10 26.10.1998 in some selected cities . The scheme, as advertised in newspapers, declared six types of prizes and for the first five (of higher value and specified numbers), it envisaged that if a buyer of a coca-cola bottle found a cap ("crown") with a yellow band and a printed liner on the inside surface, with both the inside of the crown and the liner showing the visual of one of the five specified prizes, s/he would send the liner, along with personal details, in a sealed envelope by post to a post box of given number at Kalkaji, New Delhi. The entitlement to prizes was on 'first come, first served' basis. The last date for receipt of the entries was 26.10.1998. The specific type of liner, relevant to this case, reflected entitlement to the prize of Honda City cars (five in all) in other words, each of the first five persons whose valid entries with the specified liner reached the given post box address, by ordinary post, before the last date was to get the prize of a new Honda City car, subject to verification on the basis of the crown which was to be retained by the buyer/participant in the scheme. The results of the prizes under the scheme were to be declared in December 1998; the winners' names were to be published in local newspapers and they were to be also informed individually.

(3.) (i) The complainant's case before the State Commission (noted in some detail for reasons which we would discuss presently) was that he participated in the scheme on learning about it from the advertisement in the "Punjab Kesari". He got a (coca-cola bottle) crown with the liner showing the visual of a car and thus reflecting his prima facie entitlement to the prize of a Honda City car. To quote from the complaint, "On 7.10.1998 itself, the complainant rushed to Delhi" and "handed over" a letter and "Photocopy of the Plastic Liner (Crown)". We may note, however, that the complaint did not state to whom the letter and the liner were handed over. Further, for some reason not clear from the complaint, the complainant also sent a letter (date not specified and content not known, because a copy of this letter was not produced before the State Commission) to the publishers of the contest (Hind Samachar Ltd), which the latter forwarded, by its letter of 30th October 1998, to OP 2 for clarification. The relevant part of the publishers' letter read as under: