People Interactive (I) Private Limited - Shaadi.com

Recommendation: Upheld | Medium: Industry Member

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the claim in the advertisement or to substantiate the claim with supporting data. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their written response. The advertiser in their response stated that, “Keeping this in mind, when Shaadi.com offers a Money Back Guarantee, the customer’s expectation is that they will get a full refund if they do not get a match on Shaadi.com, which is exactly what has been promised and explicitly stated in the advertisement Further, the conditions basis which the customer will receive the refund has also been informed to the customer, thus allowing her/him to make an informed decision as to whether to go for a paid membership or not. It is important to note that the customer pays no money to sign up on Shaadi.com, thus only when the customer pays for a premium membership, he or she becomes eligible for the 30 day money back guarantee. So in the interest of ensuring a 100% transparency, we mention the details at every important point i.e. on the payment page. Vide the Advertisement, the customers / users have been assured that they would receive their money back in the event they are unable to find a match, albeit subject to the applicable terms and conditions. and the basis upon which the consumers would receive a refund of their money. In fact, the disclaimer is placed in a fairly prominently, and on the payment page itself, in a manner such that the user / customer is well aware and informed of the condition of the said Claim. Further the Advertiser has not made any assurance that the users will find their match within 30 days whereas the term and conditions clearly says that the 30 days money back guarantee is the user have sent at least 10 connects and did not get any single Acceptance from them.” In support of their response, the advertiser provided a copy of screenshot from the website (https://www.marathishaadi.com/introduction/index/match-guarantee) and payment page which shows the disclaimer and terms of Money back Guarantee. The Consumer Complaints Council (CCC) viewed the Television advertisement, considered the complaint, and the advertiser’s response. The CCC observed that the protagonists in the advertisement (in Marathi) say, “……. Lagnaachi tayaari tabad toph suru karaa kaaran Marathishaadi.com chya match guarantee mulaay tumaala tumchaa yogya jodidaar nakkhi milnaar.” The subtitles of the advertisement states, “…. start your wedding preparations right away because with Marathishaadi.com’s Money Back Guarantee you are sure to find your life partner…….” The CCC further observed that the advertiser is promoting their `Marathishaadi.com’ matrimonial site for finding a life partner, and claims to offer “30 Day Money Back Guarantee*”. This claim is qualified via disclaimer which states, `*T&C apply’. The T&C link (https://www.shaadi.com/introduction/index/match-guarantee/type/payment) further clarifies by saying, “if you have sent at least 10 interests to members and you don't have a single accept within the first 30 days of becoming a premium member, we will refund your entire fee, no questions asked!”. The CCC discussed that the terms and conditions only mention about acceptance of the request, whereas the advertisement assures that if the user does not receive a marriage match within 30 days, they will receive their moneynback. According to the terms, the user will not be eligible for a refund, despite the fact that he/she is unable to finalize their life partner for marriage within the 30 day period as stated in the advertisement. The money back guarantee is unfulfilled by imposing conditions that contradict the material claim made in the advertisement. The CCC further discussed that the voice over in Marathi guarantees a marriage match, whereas the English translation of the advertisement promises a life partner by guaranteeing a refund of money. This is likely to mislead consumers, particularly those looking for a marriage partner. Based on these observations, the CCC concluded that the claim, “30 Day Money Back Guarantee*” is misleading and is likely to lead to widespread disappointment in the minds of consumers. The said claim is in contravention of Chapter I, Clauses 1.4 and 1.5 of the ASCI Code. The disclaimer in the advertisement contravened Clause 1 of the ASCI Guidelines for Disclaimers made in Supporting, Limiting or Explaining claims made in Advertisements. This complaint was UPHELD.