TODAY MERCHANDISE PVT LTD & versus ANIL KUMAR LUTHRA

TODAY MERCHANDISE PVT LTD & versus ANIL KUMAR LUTHRA

The free gifts offered under the appellant's scheme were contingent upon the subscriber making the stipulated number of referrals; the respondent did not make those referrals; therefore the District Forum's order awarding the gifts was contrary to the terms of the agreement, and the SCDRC and NCDRC erred in confirming that order; the appeal is allowed and the complaint is dismissed.

Parties
Appellant: TODAY MERCHANDISE PVT. LTD.; Appellant: ANOTHER; Respondent: ANIL KUMAR LUTHRA
Jurisdiction
India
Judgment Date
08 January 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Judgment and Order of the National Consumer Disputes Redressal Commission Dated 28.11.2018
Outcome
Appeal allowed; impugned NCDRC judgment and order set aside; complaint dismissed.
Legal Topics
Holiday Voucher Scheme, Referral Scheme, Free Gifts, Terms of Agreement, Jurisdiction of Consumer Forum
Consumer Protection Contract Holiday Voucher Scheme Referral Scheme Free Gifts Terms of Agreement Jurisdiction of Consumer Forum

Case Brief

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Parties

TODAY MERCHANDISE PVT. LTD.

Appellant

ANOTHER

Appellant

ANIL KUMAR LUTHRA

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Judgment and Order of the National Consumer Disputes Redressal Commission Dated 28.11.2018

Legal Issues

  1. 1 Whether purchaser was entitled to free gifts without making referrals as per the scheme
  2. 2 Whether the District Consumer Forum's order was contrary to the terms of the agreement between the parties
  3. 3 Whether the State and National Consumer Forums erred in confirming the District Forum's order

Ratio Decidendi

The free gifts offered under the appellant's scheme were contingent upon the subscriber making the stipulated number of referrals; the respondent did not make those referrals; therefore the District Forum's order awarding the gifts was contrary to the terms of the agreement, and the SCDRC and NCDRC erred in confirming that order; the appeal is allowed and the complaint is dismissed.

Court Disposition

Appeal allowed; impugned NCDRC judgment and order set aside; complaint dismissed.

Orders

  • Impugned judgment and order of the National Consumer Disputes Redressal Commission dated 28 November 2018 set aside
  • Complaint filed by the respondent dismissed