Case nº Revision Petition Nos. 2028-2029 of 2014 of National Consumer Disputes Redressal Commission, May 22, 2014 (case Harish Kumar Vs Reliance Communication Pvt. Ltd.)
| Judge | For Appellant: Party-in-Person |
| President | J.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member |
| Resolution Date | May 22, 2014 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
J.M. Malik, J. (Presiding Member)
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Harish Kumar, runs a small shop under the name and style of 'Aastha Telecom'. He transacts the business of selling new mobile connections of various companies. He used to purchase unactivated connections of OPs 1 and 2, namely, Reliance Communications Private Ltd., Chandigarh, Reliance Communications Ltd., Patiala, respectively, from Mr. Mirnal Garg, Proprietor of AB Traders, Barnala, OP3, which were further sold to customers and thereafter activated from a demo set that was given to him for this purpose. The OPs launched a Scheme by name, "OTAF Scheme/Phir Monsoon Hungama", that was valid from July, 2010 to September, 2010 for the retailers under which they were to give free gifts to the retailers on procuring a fixed target. One of the gifts in the scheme was AC-LG/Samsung, Base Model on activation of minimum 449 connections during the Scheme period. In another Scheme, the retailer was entitled to get a free LCD 22" on activation of 350 connections in July, 2010 subject to 500 + slab. The complainant was maintaining a register regarding the above said sale and activation of the connection to the customers after receiving the documents and after completion of other formalities. His grievance is that he was not given the LCD 22", Air conditioner, etc., as mentioned in the Scheme. Those gifts were not given despite requests.
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The defence set up by the OPs is that he could not fulfil the above conditions,
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In para 10 of the impugned order, the State Commission has given the entire details which are reproduced as follows:
"10. The complainant claims that he activated 600 connections during the period of scheme, therefore, he was entitled for a free gift of AC-LG/Samsung Base Model. He further claims that he activated 399 connections in the month of July, 2010 only, and therefore, he was also entitled to get free gift of LCD 22". The categoric stand of opposite party Nos. 1 and 2 is that as per terms and conditions applicable under the scheme, he was not entitled for both these gifts under the scheme (Ex. C-2), he was to activate 350 connections in the month of July, 2010 with overall slab of 500 + connections whereas he only activated 219 connections during this month out of which only 154 were eligible. For claiming Air Conditioner, he was required to achieve target of 499 eligible activations during the period of July, 2010 to September, 2010, but he activated only 451 eligible connections...
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