I want an advice regarding …
Mobikwik and Microsoft jointly announced a cash back offer of Rs.3,600 on purchase of certain Lumia phones.
They were supposed to give cash back of Rs.300 every month for 12 months till Nov 2016. But, after giving cash back for 3 months, Mobikwik has announced that the offer is closed.
Mobikwik says that, it is mentioned in T&C that, “MobiKwik reserves the right to change or call back the offer (offers) any time on their sole discretion”.
But, when the offer was announced, Mobikwik has published a T&C pdf file. (https://i-1.prod-cdn.webapps.microsoft.com/blob/view/-/5930460/data/1/-/Mobikwik-offer.pdf) The clause that, offer can be called back any time is not mentioned in it. Only general conditions are mentioned. They mentioned ‘Other Terms and Conditions apply’ at the bottom of that pdf page. But, they did not explain what those ‘Other T&C’ are in the Offer page.
Now, Mobikwik says that, Other T&C means the T&C which are posted in Mobikwik.com and they apply for all offers.
But that fact is not mentioned in Offer page of Microsoft and Mobikwik.
What can the victims of this sudden closure of cash back can do?
Many people have lost Rs.2,700(each) because of this act by Mobikwik.
Can we file in consumer court?
Or we do not have any defence since it is mentioned in T&C of Mobikwik that they can call back any offer?
What options are left for us then?
In the facts of the above case a complainant can be filed before the Consumer Forum against Mobikwik and Microsoft for Unfair Trade Practice.
The act of Mobikwik and Microsoft of unilaterally withdrawing the cash back offer which was the main attraction and cause for you and numerous others to purchase the said mobiles, is clearly a deceptive and unfair trade practice, giving rise to a cause of action to proceed against them before the respective Consumer Forum. They are legally bound to fulfill the promise made .
Please note that u will require:
- The proof of purchase of the mobile phone,
- The proof of the said offer and also that you have availed it,
- The proof of it’s cancellation.
Both Mobikwik and Microsoft will have to be made parties to the consumer complainant.
The prayer may include:
- Refund of the cash back amount due till date,
- Direction to continue to refund future cash back as and when due,
- Penalty for illegally withdrawing the scheme,
- Compensation for harassment and mental agony caused,
- Costs of litigation.
The opposite parties here are guilty of Unfair and Deceptive trade practices. The SC has explained Deceptive practices to be such sales practices which would lead a reasonable man to form a belief which is different from the truth. The said misleading or deceptive ads will be such as could reasonably cause a person to act differently from the way he otherwise would have acted.