M.THANIKACHALAM, J. - (1.) The first opposite party is the appellant.
(2.) The first opposite party, who is the manufacturer of Safety Match Boxes called We Two, announced a tour scheme, for the purchasers of their Match Boxes, which contains a price coupon. Attracted by this Scheme from the agent of the first opposite party, namely the second opposite party, when the complainant purchased a match box, it does contain a price coupon bearing No.97, which was informed to the second opposite party, who informed that he had sent the gift coupon to the first opposite party, for arranging a tour, for three days to Mysore, Bangalore. But, they have not taken the complainant to the tour though some of the persons have been taken, thereby disappointing the complainant, causing mental agony and deficiency of service. Even after issuance of the notice, they have failed to answer the claim. Therefore, the complainant is constrained to file this case for the recovery of the expenses, for the recovery of the amount, which the first opposite party would have spent, for the tour to all the eligible purchaser of the Match Box, which had contained the price coupon, with compensation of Rs.25,000/-.
(3.) The first opposite party admitting the announcement of the scheme namely taking the person to tour for three days, who had purchased a Match Box, which had the price coupon, resisted the complaint, inter alia, contending that as advertised, they have taken the person for tour between 16.09.98 to 19.09.98, that they have not received any gift coupon either from the complainant or from the second opposite party and therefore, question of taking the complainant, for tour will not arise for consideration since in this view, they had not committed any deficiency, prayed for the dismissal of the complaint, denying other averments also.;