Delhi State Consumer Commission has imposed a penalty of Rs 27 lakh on Hindustan Unilever Ltd for "playing a fraud" on its customers by floating a "misleading and fraudulent advertisement" on its product 'Surf Excel'.
A bench of Delhi State Consumer Disputes Redressal Commission asked the company to deposit the money while rejecting its appeal against an order passed by a district consumer forum here which had asked it to pay the prize money to one of the winners of a scheme.
While upholding the forum's order to give the prize money to Delhi resident Pramod Gupta, the commission also imposed a cost of Rs 27 lakh on the firm and noted that a large number of consumers "were kept in dark about the terms and conditions of the contract".
"I am left with no option but to hold that the Opposite Party (firm) in the garb of becoming a philanthropist has befooled a large number of its customers in the country...
"In the circumstances, I am of the considered opinion that the Opposite Party (OP) has played a fraud upon its customers by floating a misleading and fraudulent advertisement. It promoted its sales at the cost of causing harassment and mental agony to the customers," the commission's judicial member N P Kaushik said, while dismissing the company's appeal with a cost of Rs two lakh.
The bench further said, "As a large number of customers have suffered at the hands of the OP, it is burdened with costs of Rs 25 lakh which is to be deposited in Consumer Welfare Fund of State maintained by this Commission for causing inconvenience, harassment, mental agony to those customers who are not easily identifiable."
In a complaint filed before forum, Gupta had claimed that for promoting the sales of 'Surf Excel', a scheme was introduced by the company in which a scholarship of Rs five lakh was offered to the children of a person finding piece of cloth (swatch) inside the detergent packet and bearing the score of 10/10.
Gupta, who was one such winner, had contacted the firm and submitted the swatch. However, he was later told by the firm that his claim was repudiated. Thereafter, Gupta approached the district forum, the complaint said.
In its reply before the forum, the company claimed that Gupta had furnished the swatch with 10/10 score, but a "unique code" was missing.
