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Supreme Court of India 2020-01-23 allowed

STAR INDIA(P) LTD vs SOCIETY OF CATALYSTS

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

Star India broadcast the KBC quiz show with an on-air contest ('Har Seat Hot Seat') where SMS participants paid Rs. 2.40 per message—higher than normal—to answer questions, with one winner selected randomly per episode winning Rs. 2 lakh. A consumer organisation alleged this was unfair because the prize was funded by inflated SMS charges, creating a false impression of a free contest. The National Commission upheld the complaint and awarded punitive damages. The Supreme Court reversed, holding the organisation failed to prove the prize money came from SMS revenue or that a deceptive practice occurred. The agreement showed Star India paid prizes independently; the higher SMS charge was a legitimate value-added service disclosed per telecom regulations. Punitive damages require proof of actual unfair practice and loss to consumers.

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Consumer Protection Unfair Trade Practice Telecom Services SMS Tariffs Prize Contests Advertising and Marketing Value-Added Services Damages Consumer Disputes

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