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Author Topic: Case against newspaper for non completion of service  (Read 691 times)

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Offline dundgarh

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Case against newspaper for non completion of service
« on: September 26, 2015, 09:20:40 AM »
Hey there,
First of all accept greetings from me as I am a new member. The fact of my case are as follows:
Hindustan Hindi daily launched a gift scheme for readers and it required registration through SMS or in person at HT's office. I registered through SMS costing Rs. 3 by Fixed line phone but did not get any message back from them(server of HT) regarding my registration. So, I went to HT office and asked reason of not getting any acknowledgement. They said all is OK and server do not revert back.
Three days after the launch of scheme, it was withdrawn and HT published that it will give gifts to all registered readers i.e. there was a surety of gifts to registered readers. But when I went to collect the so called gift, they denied of giving any gift to me.
At that time I was a minor and it was not known to me that a minor cannot sue but stating this fact in my complaint I filed a complaint in the consumer forum. As the working of district level courts is known to you all, my complaint was admitted and the chairman and the members did not even glanced at the first line of my complaint where it was mentioned that the complainant is aged 17 years. I being ignorant of this fact.
After 3 years of proceedings(after being ex-party in my favour and all)  my case was rejected as defendants filed a photocopy of the pamphlet that minor was not eligible to take part in the scheme and also complainant being a minor cannot sue. I was also not given any opportunity of being heard.
I filed an appeal in the State commission on the following grounds:
1. That the said pamphlet was not at all published in the newspaper so I was not aware that minor was not eligible to take part in the scheme.
2. That the scheme is an unfair trade practice [as per sec. 2(r)(1)(vii)(ii)] as the scheme did not achieved its specified result (giving of gifts to registered readers was the specified result as HT published this fact on withdrawal of scheme)
3. That the scheme is also an unfair trade practice as per section 3(a), and,
4. That the scheme is also an unfair trade practice as per section 3-A.

Kindly advice, what are the chances of my success in this case and can I sue State Govt. for admitting my case as I was a minor then.

Thanks and regards.
Abhishek Singh
« Last Edit: September 26, 2015, 09:25:31 AM by dundgarh »

Offline adv.amarnath

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Re: Case against newspaper for non completion of service
« Reply #1 on: September 27, 2015, 02:51:49 AM »
I think you have personally conducted the case that is why all these happened. Your parents should have filed the case on behalf of you as minor can be represented by his parents and/ or guardian. Further you should have consult with a lawyer. An appeal before the State Commission was/ is worthless and wastage of time.

 You are still childish mentality when you are asking to sue Govt. for admitting your case. It is tantamount to repeal "Minor's Laws" prevailing in India. I can help you to refile the same after going through the details of your case but it will be a paid consultation.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline dundgarh

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Re: Case against newspaper for non completion of service
« Reply #2 on: September 27, 2015, 08:56:40 PM »
Thanks for your reply sir  :)

 

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