SISHIR KUMAR NAYAK Vs. WING STONE ELECTRONICS

JUDGEMENT

(1.) Not being able to exercise restraint by avoiding to acquire a coloured Television set free whose cost is Rs.9,000/-, complainant, a college student fell victim to an advertisement given by Opposite Party took part in a puzzle competition conducted by Opposite Party. Having solved the puzzle, Management Committee of Opposite Party intimated complainant that he has been declared as the 1st prize winner of popularity contest in kind of colour T. V. He was further intimated that foil cost of the set would be borne by the Opposite Party but other expenses as packing forwarding railway fare would be borne by complainant. This would be Rs.8000/- which is not to be sent in advance but is to be paid to the postman while taking delivery of V. P. letter and Rs.40/- is to be paid as V. P. charges to the postal department. Complainant was requested to send Rs.100/- by postal order or money order for V. P. letter and forwarding expenses. Complainant sent Rs.100/-. Receiving the Money Order Opposite Party intimated as follows : we are in receipt of your consignment for and very gladly to inform you that we have accepted your Money Order and are sending our coloured Television set by Railway as per our previous letter. Because the parcel of television if very big size and weight of parcel is very heavy so it cannot be booked by post parcel. So we are sending that pa reel through Railway and are sending the builty by post as per rules. For immediate despatch we are sending you television sets VPL we have despatched the V. P. L. for Rs.800/- (rupees eight hundred only) to Cover the miscellaneous expenses. You have to pay Rs.40/- extra towards V. P. O. fees to Post and Telegrams Department. Total amount you have to pay is Rs.840/- NO MORE MONEY TO PAY EXCEPT Rs.840/-. The Television is guaranteed for one year. The guarantee card is also sent with the parcel. We are also sending a order book with the parcel. You can earn Rs.3000/- to Rs.5000/- every month for booking the order for our new model colour Television sets. Because this model is very attractive and beautiful and when your friends and neighbours will see the television set they must give you the order. We shall give you Rs.200/- per television booking. Kindly honour the V. P. L. which is despatched already pay Rs.840/- to your postman and get delivery of the V. P. L. and get your television set from Railway after the builty within very short period. NO MORE MONEY TO PAY EXCEPT Rs.40/-We are offering this prize only to popularize our product in all over India. Our product is quite popular is North already. This is given to you for the compary mutual benefit sales plan only by showing this set to your Near and Dear and ones please also book order for the same and get handsome commission too. Once we get the quick number of customers from your station we will open show room plus service station for the convenience of our valued customer.

(2.) In the VPL there are RR documents and a scheme only. Not a colour T. V. After realizing VPL you will get colour T. V. within very short period. Thereafter came the V. P. letter containing some form, rules and other instruction but no builty to receive the T. V. Not being able to receive the T. V. set, this complaint has been filed.2. Notice of the complaint with copy of the same was sent to opposite party by Registered post on 24.2.1992. When acknowledgment was not received back-even after the registration of the letter containing notice and copy of complaint, it was treated as sufficient as provided in Code of Civil Procedure. Despite valid service, Opposite Party has not stated its case.

(3.) Case of complainant is supported by correspondences of opposite party. On such a case proved it is to be examined : (i) Whether complainant is a Consumer. (ii) Whether there is defect in goods or deficiency in service. (iii) Whether Opposite Party is responsible for such defect or deficiency. (iv) Whether complainant has suffered and (v) What direction is to be given.