Chandigarh District Commission Issues Directive To Smaaash To Honour Customer's Request For Encashing Cashback Points

Brief Facts:

The Complainant visited Smaaash in Chandigarh with his family to play bowling, where an employee informed him about the requirement of a "Gaming Card" for availing services. He opted for a ₹ 1500/- recharge and paid ₹ 1530/- for the card creation and balance, as per the price list. He spent ₹ 1196/- on 4 bowling passes. On 22.08.2023, he returned to play bowling again and intended to use the remaining balance of ₹ 304/- for two passes priced at ₹149/- each. However, Smaaash refused and informed the Complainant that the balance was a "Cashback Bonus," not usable during the specified time slot. The Complainant argued that no such condition was communicated earlier, nor was it displayed at the counter. Even if true, he questioned why the cashback points weren't utilized during his previous visit.

Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (“District Commission”) and filed a consumer complaint against Smaaash. Smaaash didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission noted that the Complainant did not present any terms and conditions associated with the gaming card to establish that Smaaash was obligated to provide bowling passes from the remaining balance, particularly considering that cashback points were issued for that amount. Therefore, it held that the Complainant failed to substantiate any deficiency in service on the part of Smaaash.

However, the District Commission noted that the Complainant retained the option to redeem the cashback bonus/points. It held there existed no evidence to suggest that Smaaash was bound to issue bowling passes from the balance amount of the gaming card, especially when cashback points were allocated instead.

The District Commission partly allowed the complaint and issued a directive to Smaaash to honour requests for encashing the cashback bonus/points whenever such a request is made by the Complainant. This decision was grounded in the absence of explicit terms and conditions mandating the issuance of bowling passes from the remaining balance of the gaming card, coupled with the availability of cashback bonus/points for the Complainant's benefit.

Case Title: Kashish Kulbhushan Soi vs M/s Smaaash Leisure Limited and Anr.

Case Number: 490/2023

Date of Pronouncement: May 29^th, 2024