IDEA CELLULAR LTD Vs. ANGAD KUMAR

JUDGEMENT

(1.) This revision petition has been filed against the order dated 19.5.2017 passed by the State Consumer Disputes Redressal Commission, Lucknow, U.P. (for short, 'State Commission ') in F.A. No. 732/2015.

(2.) Brief facts of the case are that Petitioner had launched a challenge/scheme known as 'Tyoharaon Ki Saugat" for group of eligible subscribers between 22.10.2012 to 24.11.2012. In order for a subscriber to be eligible for the aforesaid challenge/scheme, it was necessary that the participant was the 'rightful owner/user of the pre-paid mobile connection of Idea, registered in UP telecom circle and in whose name the mobile connection is active. It is the case of the complainant that on 30.11.2012 the complainant received a message on his Mobile number that the respondent had won an Alto Car in pursuance of the aforesaid challenge/scheme. It is further the case of the respondent that despite approaching the office of the petitioner, the respondent was not provided an Alto Car. On 6.4.2013, a Consumer Complaint no.78/2013 was filed by the respondent before the District Forum, Gorakhpur, Uttar Pradesh claiming an Alto Car or its value along with compensation of Rs. 10,000/- and Rs. 5,000/- as litigation cost.

(3.) The complaint was resisted by the OP/petitioner herein by stating that on the same date after some time a revised message was sent to this number as well as to others stating that earlier sent message be ignored. It was also stated that this number was not registered in the name of the complainant rather it was registered in the name of Mr. Lal Bihari and therefore, the complainant was not entitled to file this complaint. However, the District Forum allowed the complaint and directed the OP to pay the claimed price of the Alto car along with compensation of Rs. 5,000/- plus cost of litigation of Rs. 2,000/- within a period of one month, failing which 6% p.a. interest was payable till actual payment.