PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 66/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Bimla Devi Agrawal,

W/O- Late Natwar Lal Agrawal,

R/O- Daleipada,PO/Ps-Town, Dist-Sambalpur

At present residing at-Russell Colony, infront of Peepal tree,

Kuluthkani, PO/Ps-Dhanupali,

Dist-Sambalpur-768001,                                                         ...………..Complainant

Versus

1. Jio Mart-Reliance Retail Limited,

Budharaja, Infront of Budharaja Flyover,

Sambalpur Town, Ainthapali,

Dist-Sambalpur-768004.

2. Reliance Retail Limited, 3^rd floor, Court House,

Lokmanya Tilak Marg,

Dhobi Talao, Mumbai,

Maharashtra-400002                                           …………...Opp.Parties

Counsels:-

1. For the Complainant           :-     Sri. S.N.Panda, Adv. & Associates
2. For the O.P.s                         :-     Sri. S.K.Nayak,Adv. & Associates

Date of Filing: 19.09.2022,  Date of Hearing: 04.04.2023,  Date of Judgement : 22.05.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that on 05/09/2022, the Complainant ordered some grocery items from the OP No. 1 through the Jio Mart app, which was delivered to her on 06/09/2022 amounting to Rs. 488.75. and was paid through Phonepe on dtd. 06.09.2022 at 7.40 p.m. After receiving the order items, while going through the contents, the Complainant could come to know that one of the ordered items i.e “TATA AGNI LEAF TEA  250 GMS” whose MRP is Rs. 50/- in the packet has been over charged by Rs. 07/- i.e Rs. 57/- has been charged for a product whose MRP is Rs. 50/-. On dtd. 07.09.2022, the Complainant went to the store of the OP No. 1 and asked their staff about charging above M.R.P, their staff in a rude manner said, “HAMARA SYSTEM JO BILL DEGA WAHI DENA HOGA”, to this the Complainant’s son said it’s illegal to charge above M.R.P but in reply the staff said “SAALE KAHAN KAHAN SE AA JATE HAIN, SAAT RUPAYE DENE KA AUQAAT NAHIN AUR AA JATE HAIN BADDE BADDE STORE MEIN” before the public for which the Complainant’s son felt hurt and insulted, resulting suffering from mental agony and trauma.
2. The Written Version of the OPs is that due to some technical anomalies/malfunction the price of said product i.e Tata Agni Tea 250 gm with EAN no. 890152024315 could not be upgraded on the online app of the OPs which is Rs. 50/- but was showing as Rs. 57/- due to a technical error. In case of such a technical error a refund of not just the overpriced amount but the entire amount of Rs. 57/- of that particular product is credited back to the Jio Mart Wallet of the Complainant on 27^th October 2022. The Complainant never visited the store of the OPs and based on false and concocted facts has filed this present complaint. The Complainant has not approached the Commission with clean hands and shall be dismissed.  
3. From the above it is found that the OPs has taken excess of money on one of the ordered items i.e “TATA AGNI LEAF TEA  250 GMS” whose MRP is Rs. 50/- in the packet but over charged by Rs. 07/- The OP in his version also admitted the fact that due to some technical anomalies/malfunction the price of said product i.e Tata Agni Tea 250 gm with EAN No. 890152024315 could not be upgraded on the online app of the OPs which is Rs. 50/- but was showing as Rs. 57/-. Further in their version it is mentioned that “In case of such a technical error a refund of not just the overpriced amount but the entire amount of Rs. 57/- of that particular product is credited back to the Jio Mart Wallet of the Complainant on 27^th October 2022” but the same amount was found retuned after filing of the case to escape from his illegal activities. It is the duty of the OPs to upgrade all the price of the items accurately.  So, the deficiency in service and Unfair Trade Practice found against the OPs .

                             ORDER

The case is disposed of on merit. The O.Ps are directed to refund the excess amount taken from the Complainant over M.R.P if not refunded by the OPs to the Complainant, Rs. 20,000/- towards negligence, deficiency in service to the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 22^nd day of May, 2023.

Free copies of this order to the parties are supplied.