BYFORD Vs. S S SRIVASTAVA

JUDGEMENT

(1.) This is a Revision Petition against the order of the State Commission, Delhi in Appeal No.A-7/93 in which the appeal was partly accepted and the order of the District Forum, Delhi, was modified whereby the respondent is directed to deliver to the Complainants two return tickets to New York or in the alternative to pay the then prevailing price of two tickets to him and also to pay Rs. 5,000/- as compensation within two months of the date of the order.

(2.) The facts of the case as found by the State Commission are that M/s. Byford, opposite party, issued an advertisement entitled "Win a Premier Padmini Car EPDE". In a nutshell it was stated in the advertisement that a person could enter the contest by booking a Premier Padmini Car. On the specified date(s) draws would be held and the person who were successful in the draws, would be entitled to two free tickets from New Delhi to New York and back. In pursuance of the advertisement, the complainant purchased a Premier Padmini Car from the opposite party and thus entered the contest.

(3.) The opposite party by their communication dated 4.7.1990 informed the complainant that he was the winner of 3rd draw of Premier Padmini Contest held on 3rd July, 1989 and enquired from him as to when two of them would wish to travel to New York, so as to enable them to arrange for the return air tickets. It is pleaded by the complainant that he requested the Opposite Party to pay him the value of two air tickets. The Opposite Party expressed their inability to do so and advised him to produce the passports, so that the tickets could be purchased for them. Thereafter he obtained the passports for himself and his wife on 16.10.1989 and 31.5.1990 respectively, and sent the same to the Opposite Party. It is alleged by the complainant that the tickets were not delivered to him by them and that amounts to unfair trade practice on their part. The complainant claimed an amount of Rs. 45,000/- as the value of two air tickets with interest @ 18% p.a. and other reliefs.