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G.D.SHARMA, RIFAT AIJAZ
JAVED RASOOL RATHER – Appellant
Versus
SURF EXCEL 10/10 CONTEST – Respondent


Advocates Appeared:
G.R. Rah, Advocate, for the Complainant; M.A. Kitchloo and S.A. Chalkoo, Advocates, for the Opposite Party No. 1; Nemo, for the Opposite Party Nos. 2, 3 and 4

ORDER

Justice G.D. Sharma, President - Javed Rasool Rather has made complaint against the O.Ps. for carrying on unfair trade practice. It is alleged that OP No. 1 through aggressive advertisement carried out in electronic media in the "Star Plus" channel are alluring credulous consumers by making a false offer of Rs. 5.00 lakh scholarship in case the produce manufactured by OP No. 1 which costs Rs. 56 contains Swatch cloth and secures 10/10 marks. The case of the complainant is that he too was allured by the TV advertisement as well as by the printed material on the packet whereupon such an offer had been made. That after opening the packet he found Swatch cloth inside the packet, the original whereof was sent to OP No. 1 considering himself to be a successful winner of the prize. To his dismay and surprise, he received letter dated 5.12.2006 from OP No. 1 under their reference No. 12315 (Annexure 6) whereby he was informed that all the watches that carry the score of 10/10 become eligible for prise of Rs. 5.00 lakh scholarship provided they have a prescribed code on the Swatches and that Swatch in question did not have any code on it. While elaborating his case further against OP N

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