IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 18.02.2022 Date of Hearing: 16.10.2025 Date of Decision: 10.11.2025 FIRST APPEAL NO. A/19/2022 IN THE MATTER OF M/S SUN PHARMACEUTICAL LTD.

HAVING ITS CORPORATE OFFICE AT :

SUN HOUSE, CTS No. 201 B/1, WESTERN EXPRESS HIGHWAY, GOREGAON (E), MUMBAI – 400063 (THROUGH: SHYAM KUMAR, ADVOCATE , COUNSEL FOR THE APPELLANT)

...APPELLANT VERSUS

1) ZAMIRUDDIN S/O ZAJURYDDUB HAVING ITS ADDRESS AT :

R/O GD-8, PUL PEHLADPUR, NEW DELHI – 110044 …RESPONDENT NO. 1 IN PERSON

2) NIDHI MEDICOSE HAVING ITS ADDRESS AT :

RZC – 10 A PUL PEHALDPUR, NEW DEHI – 110044 …RESPONDENT NO. 2 CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: Mr. Shyam Kumar and Ms. Iqra Khan, Counsel for the appellant (Mobile: 9999154100, Email:

shvamkumar@altindialegal.com) appeared through VC.

Respondent in person.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. The opening of the economy and global market with removal of restrictions on international trade has led to a phenomenal increase of competition among the traders and manufacturers of consumer goods. In some ways, it has benefited the consumer in the sense of improvement in the quality of service in goods but at the same time it has led to adoption of many unfair trade practices to promote sale of commodities which affects the interest of consumers adversely, The gullible customers get attracted to the lucrative schemes offered by traders and manufacturers. The enactment of the Consumer Protection Act, 1986 has changed the maxim caveat emptor (the buyer beware) to maxim caveat venditor (seller beware). The traders and manufacturers have to beware before offering any lucrative scheme that may amount to unfair trade practice, especially in cases where the sole motive behind such schemes is to attract customers only without intention to fulfil their part of obligation under such schemes.

The present case highlights one such practice adopted by the OP2, the manufacturer of Revital Capsules, a daily health supplement. By its advertisement OP 2 i.e. Sun Pharmaceuticals, has misled the complainant to believe that he has won a gold coin of 25 grams on purchase of a packet of Revilal Capsule by getting a coupon and performing as per directions mentioned on the packet. The gullible complainant has been pursuing his case before this forum since 2016 under the belief that he was to get a gold coin of 25 grams from OPs.

The brief facts as set out in the complaint are that the complainant got attracted by the advertisement of OP2 and believed that on buying a packet of Revital Capsule and getting a coupon inside, which would carry a unique code and by sending this number through SMS after completing the slogan as per direction given on the packet he would win gold silver coin of 25 grams. Finding this attractive, the complainant approached OP1, the medical shop, and purchased the product for rupees 100/- On the packet it was printed in bold letters "win 25 gram gold/silver coin along with pictures of coins. This was also printed in the minute letters to participate scratch the coupon inside the pack to get your unique code, SMS it to 09004990049 along with completed slogan "I love Revital because A coupon was placed in each packet of Revital Capsule having a unique code which could be visible after scratching the coupon. Apart from this nothing was mentioned either on the packet or on the coupon how the participants would win the gold/silver coin of 25g or anything else is to be performed by the customer. Complainant found a coupon bearing number 58895157612, which he has sent to the given SMS number along with slogan and by doing so, the complainant was assured that that he has won for gold coin. He approached OP1 for the gold coin, who told him that he has nothing to do with the scheme as the same was offered by th