S.N. Aggarwal, President—This order will dispose of two appeals, namely, First Appeal No. 913 of 2007, M/s. Bharti Airtel Limited v. Darshan Singh and First Appeal No. 916 of 2007 Darshan Singh v. M/s Bharti Airtel Limited, as both these appeals are directed against the same order dated 17.5.2007 passed by the learned District Consumer Disputes Redressal Forum, Amritsar (in short “District Forum”). For the sake of convenience, facts are taken from First Appeal No. 913 of 2007 and the parties would be referred by their status in this appeal.

2. Darshan Singh respondent had obtained prepaid mobile connection No. 98156-92664 from the appellants. The appellants provided free holiday package tour for two people to Disneyland (USA) on downloading of wall papers/videos/songs/games. The respondent came to know of it from the message received from 50071. The respondent accordingly downloaded songs/videos etc. and incurred heavy expenditure for this purpose. The respondent received the message through 8888 that he had won Cool Disney Merchandise by downloading from Disney Zone and asked the respondent to claim his prize. After receiving this message, the respondent submitted the requisite details to 8888 and thereafter received the message of having received the details. The respondent again received, another message calling upon him to resend the query .The respondent sent the query and again received the message from the appellants through 8888 informing him that his prize would be couriered by Disney shortly.

3. It was further pleaded that all the four aforesaid messages were saved by the respondent in his mobile phone which were received by him from the appellants. These messages clearly reveal that the respondent was winner of holiday package tour (Free) to Disneyland (USA) for six people. The respondent also provided the details of five members who were to undertake the holiday package tour .Thereafter the respondent visited the office of the appellants and requested them to provide the package tour won by the respondent but the appellants put off the matter on one pretext or the other. The respondent and his family members have also spent a huge amount in preparing the clothes etc. in order to avail the holiday package tour to Disneyland. But all their dreams were dashed to the ground when the appellants did not provide the aforesaid package tour. Accordingly the respondent filed the complaint in the learned District Forum for compensation, interest and costs.

4. The appellants filed the written statement. Preliminary objections were taken and the case was also contested on merits. It was pleaded that the complaint was bad for non-joinder of necessary parties. The alleged scheme was launched by the Walt Disney Internet Group. The Walt Disney Company (India) Pvt. Ltd., 4th Floor, Peninsula Tower 1. G.K. Marg. Lower Parel, Mumbai-400 013. It was not launched by the appellants. The appellants were only the service provider which provides the connectivity by which only the subscribers of the appellants could participate in the contest launched by The Walt Disney Company (India) Pvt. Limited. The appellants only executed the messages of the subscribers to the concerned Company which is evident from the fact that the respondent had received SMS from short code 8888 which belongs to India Times. The appellants do not have any link whatsoever with the offer/scheme or decision about the winners. The complaint involves complicated and complex questions of facts which require elaborate evidence and can be tried only by the civil court and not by the Consumer Forum.

5. On merits it was not disputed that the respondent had obtained prepaid mobile connection No. 98156-92664 from the appellants. It was denied if the respondent was forced by the appellants to participate in the contest. Rather the respondent had participated in the said scheme on his own free will. The appellants had acted only as an access point and everything belonged to