Ludhiana, June 11
In a significant order, the District Consumer Disputes Redressal Forum has directed the Coca Cola Company to pay Rs 5,000 on account of unfair trade practice and deficient services to Mr Rajnish Kumar, a resident of Mali Ganj.
According to the complaint, the company had advertised in various newspapers that they had floated a scheme known as ‘Coca Cola kismat crown main ab jeeto chappar phaad ke’. The complainant, Mr Rajnish Kumar stated before the forum that as per the scheme, a person who drink Coca Cola had a chance to win various prizes including cash prize of Rs 5, Rs 100, Rs 1,000, Rs 10,000 and Rs 1,00,000 or 300ml Coca Cola drink or Coca Cola double shagun crown which doubled the cash prize.
Mr Rajnish Kumar disclosed that he was the regular consumer of Coca Cola and he found two crowns of Rs 5 each , one crown of Rs 100 and three double shagun crowns. He further disclosed that as per the scheme, he approached a local distributor of the company, Raghav Traders, Bhadaur House, and demanded the cash prize for which he was entitled for. But the distributor postponed the matter on one pretext or the other and failed to make the payment of the cash prize, he added.
The consumer said he approached the company official on the company’s factory premises at 185, G.T. Road, Ludhiana, on May 21, 2001, with a hope to get his cash prize. But the company officials agreed to pay Rs 100 cash prize which amounted to Rs 200 against double shagun crown, but refused to encash two crowns of Rs 5 each, he added.
The complainant stated that after pursuing the matter with the help of some pamphlets and advertisement of the company, ultimately, the company officials agreed to give discount of Rs 5 against 1.5 liters per bottle and not the cash prize of Rs 5. He alleged that the consumer suffered a lot of mental torture pain due to the
behaviour of company officials. He demanded from the forum that the company should be directed to pay cash prize as per the scheme and to pay Rs 10,000 on account of compensation for harassment.
The company pleaded that the compliant was false and frivolous and was liable to be dismissed. The respondent admitted the floating of the scheme and it also admitted that the complainant had two crowns each of Rs 5 and one crown of Rs 100. However, it was denied that the complainant visited the factory and contacted Udaibir Singh for redemption of Rs 100 crown along with double shagum crowns and he paid Rs 200.
The respondent stated that as per the advertisement for Rs 5 crown, the complainant was told to get encashed the same or get the same adjusted from the retailer or the distributor as per the scheme. It was further stated that according to the advertisement, the cash prize was to be paid only in case of the prizes of Rs 100 and above by the company as such the payment of the same was made. While the other prizes were to be collected from retailer.
The respondent stated that the complainant was paid Rs 200 cash prize to consumer without any delay, but the payment of Rs 5 crown was to be made by the retailers. The company further stated that there was no deficiency in services and the complaint was liable to be dismissed.
The forum observed that the company had floated the said scheme and the consumer had got crowns of cash prizes. The forum further observed that there was no mention in the scheme that the crowns of Rs 5 were to be got encashed from the retailer or dealer only.
The forum stated that the opposite party was not justified in asking the consumer to approach the retailer for redemption of the crowns of denomination of Rs 5. The forum further stated that when the consumer approached the company directly, it should have made the payment and it was not supposed to exploit the winners of the scheme. .
The forum held that the there was clear unfair trade practice on the part of the company.