HARISH KUMAR Vs. RELIANCE COMMUNICATION PVT. LTD

JUDGEMENT

(1.) 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 & 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.

(2.) 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.

(3.) The defence set up by the OPs is that he could not fulfill the above conditions.