TODAY MERCHANDISE PVT. LTD. Vs. ANIL KUMAR LUTHRA
LAWS(SC)-2020-1-127
SUPREME COURT OF INDIA
Decided on January 08,2020

Today Merchandise Pvt. Ltd. Appellant
VERSUS
Anil Kumar Luthra Respondents

JUDGEMENT

DHANANJAYA Y.CHANDRACHUD,J. - (1.)Leave granted.
(2.)This appeal arises from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 November 2018 in the course of its revisional jurisdiction. The appellant advertised a holiday voucher scheme through its website. In September 2012, an employee of the appellant communicated the scheme to the respondent who expressed his willingness to purchase holiday scheme vouchers. The terms on which the vouchers were available were indicated on the website of the appellant. The scheme envisaged that "free gifts" would be made available to the purchaser against further referrals. The gifts were contingent on the number of referrals made by the subscriber. The relevant part of the scheme is reproduced below:
No of Referral Gift

2 UCB Wrist Watch

3 UCB Sunglasses

6 I Ball Mobile

8 Kodak Digital Camera

10 Kodak Digital Camera + I-Pod

15 Blackberry Curve 8520

20 HCL/Dell Mini Laptop

(3.)The respondent purchased three vouchers each of Rs 5998 and thus paid a total sum of Rs 17,994. On 18 September 2012, the appellant addressed an e-mail to the respondent specifically adverting to the referral scheme. The respondent was informed that, by making referrals of his 'friends and associates', he could avail of the gifts which were on offer, in the terms noted above.
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