Summary
A purchaser of holiday vouchers was not entitled to advertised gifts merely by purchasing the vouchers when the scheme made gifts conditional on referrals. As the purchaser admittedly made no referrals, the consumer fora’s gift and compensation directions were contrary to the agreement and the complaint was dismissed.
Issues
- Whether purchase of holiday vouchers conferred an unconditional right to gifts despite the scheme’s referral requirement.
Held
- Both the published scheme and the contemporaneous email made gifts contingent on referrals. The email had been referred to in the seller’s reply before the District Forum, and the purchaser admittedly made no referrals. (¶¶ 2, 3, 7)
- The consumer fora’s directions granted benefits contrary to the parties’ agreement and produced an absurd outcome. The State and National Commissions erred in affirming the District Forum’s order. (¶ 7)
Result
Appeal allowed without costs. The National Commission judgment was set aside and the consumer complaint dismissed.