Case against newspaper for non completion of service
The facts 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's office and asked the reason for 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Three days after the launch of scheme, it was withdrawn and HT published that it will give gifts to all registered readers i.e. there was a surety of gifts to registered readers.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 of the said scheme 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.
Afterwards, 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 on the following points:
a)What are the chances of my success in this case.
b)Can I sue State Govt. for admitting my case as I was a minor then?
Thanks and regards.