Not allowing student use recharge worth Rs 304 costs gaming firm dear

In a significant decision, the Chandigarh State Consumer Disputes Redressal Commission has directed gaming chain Smaaash Leisure Ltd Chandigarh to pay Rs 25,000 as compensation and litigation costs to a law student for not allowing him utilise remaining amount of Rs 304 of recharge without any valid reason.

As per a complaint, the dispute began when Kashish Kulbhushan Soi, a law student in Panjab University, visited Smaaash Chandigarh on August 21, 2023, with his family to enjoy a bowling session.

He was informed that a ‘Gaming Card’ was mandatory to avail of their services and was persuaded to recharge it with Rs 1,500.

He said as per the promotional material provided, this included a balance of Rs 1,500, which could be utilised to play games on Smaaash’s premises which is situated in Industrial Area Phase 1, Chandigarh. On a subsequent visit on August 22, 2023, Soi claimed that he was denied use of Rs 304 remaining amount in his card for bowling. The staff claimed the amount was a ‘Cashback Bonus’ and could not be used for such purposes at a given time slot.

He said neither the terms and conditions were disclosed during the purchase nor mentioned in the promotional material. The complainant said unconvinced by the response and feeling misled, he filed a complaint with the district consumer forum, which ruled in his favour and directed Smaaash to encash the remaining balance but has not given any compensation.

Dissatisfied with the order, Soi appealed before the State Consumer Commission, arguing that such conduct causes mental harassment and undermines consumer trust. After hearing of the arguments the state commission observed that the respondents failed to contest the appeal or the original complaint, effectively leaving the complainant’s claims unrebutted.

The commission said though the small amount was involved in the case, it was matter of principle that the complainant chose to knock the door of the consumer commission. He must have suffered harassment and mental agony for which he deserves to be suitably compensated.

In view of this, the commission awarded consolidated amount of Rs 25,000, as compensation, including litigation costs.