> Star Plus and Airtel fined 1 crore for KBC

In a decision which highlights the business interests working behind SMS–promoted TV contests, the National Consumer Disputes Redressal Commission (NCDRC) has accused these firms of misleading viewers about a contest—Har Seat Hot Seat (HSHS)—which ran simultaneously with KBC.

HSHS was promoted through KBC during which questions were asked and the viewers were asked to send SMSes at a premium of Rs 2.40.

With prize money of Rs 2 lakh per show, winners were randomly selected out of their SMSes. The apex consumer panel found that Star Plus and Bharti Airtel did not make it clear to the public that the prize money for HSHS would be paid out of the money collected from their SMSes.

Even as the companies argued that the contest was voluntary for citizen’s to take part, the panel felt that the move to keep the viewers’ unaware about such details was an unfair trade practice aimed at extending their business interests.

It is clear that Star Plus & Bharti Airtel had adopted deceptive practice and offered prizes by suppressing the fact that the prizes would be distributed out of collection of amount through SMSes, the panel said, adding that normally a contestant would have an impression that the prize money of Rs 2 lakh is offered free of charge.

It said that such viewers, tempted by prize money, would not bother to spend small additional amount for sending SMSes. Dubbing such a move as affecting the common man’s interest, the NCDRC bench said: “The common consumer is vulnerable to such enticement.”

The panel has asked asked the two companies to jointly pay Rs 1 crore as damages to be deposited with the consumer welfare fund. The commission noted that a net revenue of Rs 7.08 crore was raised from this show.

A total of 52 episodes of HSHS were telecast and a total of Rs 1.04 crore was distributed as prize money. It was averred during the arguments that a total of 58 mn SMSes were received for the show, raising Rs 13.92 crore.