IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 23 rd day of October 2009 CC.No.96/2007 Udaya Parambil Thomas, Udayaprambil House, Olayambadi.P.O, Peruvamba, Mathamangalam(via) Complainant (Rep. by Av.Sandeepkumar.P.P.) 1.Manging Director, Consumer Fed Ernakulm, (Kerala State Co-operative Consumer Federation Ltd.)Kochi, Ernakulam Dist. 2. The Manger, Consumer Fed, Ernakulam, Opposite parties FLI 224, Alakode, Kannur Dist. (Rep. by Adv.Vinod Kumar Chambalon) O R D E R Sri.K.Gopalan, President This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to pay Rs.86/- as the excess price received and Rs.5000/- as compensation with interest and cost. The case of the complainant in brief are as follows: the complainant purchased a bottle 750 ml MaQuintosh Premium Whisky(Batch No.152, Manufacturing date 23/11/2006 from the consumer fed Alakode Branch i.e. From the 2nd opposite party by paying Rs.446/- on 4.4.07. The amount inclusive of all taxes shown on the bottle cover is Rs.360/- only. On seeing the difference in price and the bill the complainant approached opposite party to enquire the same but he threatened the complainant with filthy language and insulted him in the presence of general public present at the spot. Complainant being a reputed person in the locality he suffered much agony and mental pain out this insult. The excess amount received by the opposite party is illegal and they are liable to return the amount. Complainant sent lawyer notice but it was not replied. Hence this complaint. In pursuance of the notice opposite parties 1 and 2 filed version jointly with the following contentions. It is not correct to say that 2nd opposite party has threatened the complainant and used filthy language against the complainant. 2nd opposite party did not insult the complainant. Complainant purchased the said whisky on 4.4.07. It was sold to him for Rs. 446/- per bottle. The retail selling price fixed b y the Beverage Corporation with effect from 1.4.2007 is Rs.446/- per such bottle. The retail selling price of foreign liquor fixed by the Consumer fed and Kerala State Beverage Corporation (KSBC) is one and the same. It is not correct to say that 2nd opposite party has overcharged rs.86/- . The bill issued by 2nd opposite party is on the basis of approved retail selling price b y KSBC. Hence the complainant is not entitled to refund the amount. Hence to dismiss the complaint. On the above pleadings the following issues have been taken for consideration. 1. Whether there is any deficiency on the part of opposite parties? 2. Whether the complainant is entitled for the relief as prayed in the complaint? 3. Relief and cost. The evidence consists of the oral testimony of PW1, DW1, and Ext.A1 to A7 and B1 to B5. Issue Nos. 1 to 3 Admittedly complainant purchased a bottle 750 ml MaQuintosh premium Whisky for Rs.446/-. The case of the complainant is that the price inclusive of all taxes shown on the bottle cover is Rs.360/- only. But 2nd opposite party issued a bill or Rs.446/- which is Rs.86/- excess than that of the amount shown on the bottle cover. Ext.A1 is the cash bill which proves 1st opposite party received Rs.446/- for the Maquintosh Whisky. Ext.A2 is the bottle cover which shows on one side MRP Rs.360/- and the other side MRP seen shaded. Ex.A3 is the lawyer notice calling upon to return the excess amount Rs.86/- and to pay Rs.5000/- as compensation. Ext.A4 and A5 postal receipt prove that notice has been sent to both opposite parties. Ext.A6 and A7 acknowledgement proves that both opposite parties’ recieved the lawyer notice. The case of the opposite party is that the Whisky was sold to the complaint for Rs.446/-. The retail selling price fixed by the Beverage Corporation with effect from 1.4.2007is Rs.446 /- per bottle. Hence no excess amount has been charged from the complainant. Ext.B1 document proves that permission is granted for affixation of new MRP label. It has also stated that the closing stock as on 31.3.2007 will be sold at new MRP from 1.4.2007 to 31.7.2007 as per the revised price to be notified by Kerala State Beverage Corporati9on. Ext. B2 is the price list. Ext.B4 is the GO (Rt)No.313/2001/TD dt.11.4.2001. Ext.B5 is the G.O. (Ms) 17/2001/TD dt.26.2.2001. What is the actual price of the Maquintosh Premium Whisky on the date of Ext.A1 dated 4.4.07 is the determining factor in deciding the entire matter. Ext.B2 price list for 2007-2008 proves that the Kerala State Beverage Corpora ration Ltd. fixes the price of Maquintosh premium whisky as Rs.446/-.Ext.B1 proves that the closing stock as on 31.3.2007 will be sold at new MRP from 1.4.2007 to 31.7.2007 as per the revised price to be notified by Kerala beverages Corporation. Hence the price fixed by the corporation is legal and valid. The price received by the opposite party as per the price list does not amount to deficiency in service. In the light of the above discussion and perusal of the documents it is quite clear that the opposite party received only the price legal and valid. Hence there is no question of any kind of unfair trade practice on the side of the opposite parties. Complainant is not succeeded in establishing deficiency in sieve on the part of opposite party. Hence the issues 1 to 3 are found against complainant. In the result, the complaint is dismissed. No cost. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Bill issued by OP A2. Copy of the Cover of Maquintosh whisky purchased from OP A3.Copy of the lawyer notice sent to OP A4 to A7. Postal receipts and AD cards Exhibits for the opposite parties B1.Copy of the letter No.7593/A3/07TD.Dt.17.5.07 of Taxes Dept. B2.Copy of price list B3.Authorisation letter dt.24.8.07 B4. & B5Copy of the GONo.313/2001/TD and 212/01/TD dt.11.4.01 & 26.3.01 Witness examined for the complainant PW1.Complainant Witness examined for the opposite parties DW1.Suresh Babu /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
