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Supreme Court of India 2020-01-23 allowed

Star India (P) Ltd vs Society of Catalysts & Anr

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

In Brief

Star India and Bharti Airtel conducted a contest (Har Seat Hot Seat) during Kaun Banega Crorepati, offering Rs 2 lakh prizes for SMS participation at Rs 2.40 per message. A consumer organization alleged this was an unfair trade practice, claiming the prizes were secretly funded by inflated SMS charges. The Supreme Court allowed Star India and Airtel's appeals, holding the consumer organization failed to prove the prize money came from SMS revenue. The Court found the allegations rested on uncorroborated newspaper reports and unsupported surveys; the sponsorship agreement showed a fixed lumpsum payment unrelated to SMS revenue; and the SMS service was a legitimate value-added service complying with TRAI regulations. The finding of unfair trade practice was based on conjecture and set aside.

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Consumer Protection Unfair Trade Practice Television Broadcasting Telecommunications Deceptive Advertising Prize Contests Value-Added Services Evidence and Proof

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