Chandigarh District Commission Holds LG Electronics, Juneja's Circuit Mall Liable For Failing To Provide Netflix Subscription Under Diwali Offer

Brief Facts:

Raman Sikka (“Complainant”) purchased an LG LED TV for Rs. 54,500/- under the Diwali Offer from Juneja's Circuit Mall. The offer included a three-month Netflix subscription. After purchasing the TV, the Complainant inquired about the Netflix offer and Juneja's Circuit Mall assured him that the subscription code would be sent to his registered email within one month. However, despite repeated follow-ups, the Complainant did not receive the promised subscription. He was subsequently asked to contact LG Customer Care. The Complainant made multiple calls to LG Customer Care toll-free number. Each time, he was assured that the offer would be provided soon but the same was not provided. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) against LG Electronics, Juneja's Circuit Mall, and LG Customer Care Support.

LG Electronics, Juneja's Circuit Mall and LG Customer Care Support argued that due to an inadvertent error, the Complainant's name was left out of the list of eligible purchasers for the subscription code. They contended that the omission was not deliberate. As a remedial measure, they argued that they offered to provide the Complainant with a one-year free Netflix subscription instead of the originally promised three months. Further, they also denied that the Complainant was entitled to a full refund of the TV's purchase price and argued that the product was functioning perfectly without any defects.

Observations by the District Commission:

The District Commission noted that, as part of this promotional scheme, LG and Juneja's Circuit Mall committed to provide a free three-month subscription to Netflix upon the purchase of the television. However, despite this promise, they failed to provide the same.

The District Commission noted that the Complainant invested his hard-earned money to bring happiness to his family and the failure of the LG Electronics and Juneja's Circuit Mall to honour their commitment caused inconvenience and distress to the Complainant. Therefore, it held that this conduct on the part of LG Electronics and Juneja's Circuit Mall amounted to an unfair trade practice.

The District Commission also noted that the act of inducing consumers into buying a product with the assurance of additional benefits and subsequently failing to provide those benefits constitutes an unfair business practice. Consequently, it directed LG Electronics and Juneja's Circuit Mall to pay of Rs. 4,000/- as compensation for the mental agony and Rs. 5,000/- for litigation costs.

Case Title: Raman Sikka vs LG Electronics India Ltd. and Ors.

Case No.: 276 of 2021

Advocate for the Complainant: Shri Karun Kumar

Advocate for the Opposite Party: Shri Arjun Grover

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