DCDRC awards Rs. 40,000 compensation to customer for suffering mental agony believing he would win gold coin by Revital capsule
Dec 28, 2021
New Delhi [India], December 28 : Delhi Consumer Disputes Redressal Commission (DCDRC) has awarded a compensation of Rs. 40,000 to a customer observing that the complainant kept on waiting for gold/ silver coin from Sun Pharmaceutical believing that by the purchase of Revital Capsule, he would win gold/ silver coin of 25 grams, which caused worries, sufferings, pain and mental agony to the complainant for years.
The commission also directed Sun Pharma to pay Rs 5,000 extra as compensation towards litigation costs and expenses to complainant Zamiruddin.
"However, due to non-disclosure of the result by OP2 (Opposite Party-2 Sun Pharmaceutical), the innocent complainant kept on waiting for gold/ silver coin from OP2 believing that by the purchase of Revital Capsule, he would win gold/ silver coin of 25 grams, which caused worries, sufferings, pain and mental agony to the complainant (Zamiruddin) for years and we are of the view that he should be compensated by paying proper compensation and this forum determines at Rs. 40,000 and Rs. 5,000/- towards litigation cost and expenses, " DCDRC said.
The order was passed by a bench of Consumer Disputes Redressal Commission, Udyog Sadan, comprising President AK Kuhar and members Rashmi Bansal and Rajender Dhar.
According to complainant Zamiruddin, on November 25, 2015, he purchased a packet of Revital Capsule and on the packet, it was printed in bold letters "win 25-gram gold/silver coin" along with pictures of coins. This was also printed in the minute letters 'to participate scratch the coupon inside the pack to get your unique code, SMS it to given number along with the completed slogan "I love Revital because.. .". A coupon was placed in each packet of Revital Capsule having a unique code that could be visible after scratching the coupon. Apart from this, nothing was mentioned either on the packet or on the coupon how the participants would win the gold/silver coin of 25g or anything else is to be performed by the customer, the complainant said.
The complainant sent his coupon number to the given SMS number along with the slogan. Later, the complainant was assured that he had won a gold coin. He approached the medicine shop for the gold coin. He was told that the shop had nothing to do with the scheme as the same was offered by the manufacturer company Sun pharmaceuticals, of the Revital Capsule.
The medicine shop also made an enquiry to Sun Pharma company via email about the winning status of the complainant and it was informed that the complainant's coupon code number has not won any prize in the Revital Silver Jubilee Contest. The pharmacist informed the complainant accordingly that he has not won the gold coin.
The complainant alleged that the pharmacy company cheated him and sold
him the product by misrepresenting him with respect to the winning of gold coin and urged consumer commission for issuing direction to the opposite party for giving him the gold coin of 25 grams, compensation towards mental agony and harassment and expenses towards Litigation and attending court along with other costs.
The scheme was valid till March 31, 2016.
"Considering the fact that in India, medicines are being sold in open market and vitamins, health supplements, etc sold to the general public even without the prescription, deceiving to the general public is common by the companies by launching lucrative schemes and attracting customers, which is utterly in violation of the spirit of Consumer Protection Act dealing with unfair trade practice, " the consumer commission said.
The commission also noted that the company Sun Pharmaceutical has failed to prove that this benefit has been given to anyone.
Even on inquiry by the medicine shop via email, the company did not mention any other lucky winner who has received the gold coin. "Therefore unfair trade practice on the
part of the OP2 stand proved. The OP2 cannot escape from its liability. Further, the only evidence on record is the label of the product and the coupon which shows the Gold scheme but the complainant could not prove that he was the winner under this scheme. Therefore this prayer of getting him the gold coin is not acceptable, " the consumer commission said.
However, the Consumer Disputes Redressal Commission granted relief to the medicine shop from where the complainant purchased the capsule.
