LAWS(NCD)-2005-5-2

BONN NUTRIENTS PVT LTD Vs. JAGPAL SINGH DARA

Decided On May 18, 2005
BONN NUTRIENTS PVT. LTD. Appellant
V/S
JAGPAL SINGH DARA Respondents

JUDGEMENT

(1.) In this revision, challenge is to the order dated 22.7.2002 of Consumer Disputes Redressal Commission Punjab, Chandigarh allowing appeal filed by the respondent/complainant and enhancing compensation to be paid by the petitioner/opposite party from Rs. 5,000/- to Rs. 50,000/-.

(2.) Respondent, filed complaint, inter alia alleging that petitioner launched a sale promotion scheme of the bread manufactured by it under the brand name 'Bonn'. Under the Scheme, in each packing of bread a coupon was to be placed carrying slogan "Scratch and Win" which impliedly gave guarantee that every person purchasing a packing of bread will win one of the prizes mentioned in the advertisement. It was alleged that the respondent was allured to purchase the bread marketed by the petitioner by spending amount of Rs. 10/- but every time to his dismay on scratching he found the coupon having the word "Please try again". It was stated that petitioner was guilty of unfair trade practice. Certain reliefs by way of compensation were claimed in the complaint.

(3.) In the written statement, petitioner admitted the launching of the sale promotion scheme. However, it was denied that any guarantee was given that every purchaser of bread will win a prize as alleged. Scheme was floated to give extra benefit without charging any extra amount. It was denied that petitioner was guilty of unfair trade practice and liable to pay any compensation as claimed. By the order dated 4.1.2001, the District Forum allowed the complaint holding the petitioner guilty of unfair trade practice and awarded Rs. 5,000/- as compensation to the respondent. Dissatisfied with the quantum of compensation, the respondent filed appeal which was disposed of in the manner noticed above.