PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-78/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Suchismita Das,

D/O- Chaitanya Charan Das,

At-Aryabihar, A.N.Guha Lane (Back side of Arya Samaj),

Po/Dist-Sambalpur, Odisha-768001,Odisha.                   ………………......Complainant.

Vrs.

1. Sri. Kishore Biyani, Chief Executive Officer of Future Retail Ltd.

Regd Office-Knowledge House, Shyam Nagar,

Off Jogeshwari Vikhroli Link Road, Jogeshwari(East),

Mumbai-400060, India.

2. Manager Smart Bazars(Reliance), Sambalpur,

At-Farm Road, Near Sanjeevani Hospital, Po-Modipara,

Dist-Sambalpur, Odisha, Pin-768002.……………......Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1 & 2        :- Ex-parte

Date of Filing:23.05.2023,  Date of Hearing :18.07.2023  Date of Judgement : 29.08.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the manager of the Big bazar Sambalpur motivated the customers to deposit Rs. 10,000/- in the big bazar fund and those who will make such deposit they will be allowed to purchase articles worth of Rs. 1000/- every month for 12 months. For benefit of Rs. 2000/- and the Big bazar will issue a big Bazar profit club card, which will remain valid for 13 months, the Complainant being influenced by such suggestion of the Manager of Big bazar made a deposit of Rs. 10,000/- and Rs. 100/- as card charges and the said amounts of Rs. 10,100/- was deposited from the SBI Main Branch, Sambalpur from account of father of the complainant on dtd. 26.01.2022. Then the Big Bazar, Sambalpur issued to the Complainant a Big Bazar profit club card on 26.01.2022. After receipt of the card, the Complainant purchased articles on 16.01.2022 worth Rs. 2586.38p through the big bazar profit club card and a sum of Rs. 974.38p was deducted from the saving Bank Account of the father of the Complainant and Rs. 1000/- was deducted from the Big Bazar profit club card on dtd. 26.01.2022. After the said transactions made on 26.01.2022, the value remained in the Big Bazar profit club card Rs. 9000/- and Rs. 2000/- total Rs. 11,000/- towards the balance value of the Big Bazar profit club card. After 5 months, when the Complainant went to the Big bazar to purchase some articles, she found that, the articles of the bazar were being shifted to ground floor and the workers advised to come after some days. After some months when the Complainant went to the Big Bazar to make some purchase through the pofit club card, she found that Big Bazar is not functioning in the building and was closed and in the said building Smart Bazar (Reliance) i.e the OP No. 2 has started functioning. When the Complainant told the staff of the OP No. 2 about her Big Bazar profit Club Card, they replied that they cannot do anything in the matter. The Complainant submitted a complaint to the Manager of the OP No. 2 by Regd. Post but to that no effect. The complainant has also submitted a representation/claim statement to the OP No. 1 on dtd. 20.01.2023 by Regd. Post but the complainant did not get any reply. Again a reminder representation on 04.05.2023 was submitted to the Op No. 1 but no reply was received. The Complainant has thus been cheated and sustained financial loss. Further at the time of hearing, the Complainant submitted that after enquiry from reliable sources, the Complainant came to know that all responsibility and liabilities of the said Big Bazar has shifted to the OPs while taking charge of that Mall. So there is  Deficiency in Service and Unfair Trade practice on the part of theOPs .
2. The Ops are set-exparte.
3. From the pleadings it is found that the OPs not responsed to the Complainant and no step has been taken by the Ops for redressal of the grievance which violates the provision of Right to be heard and Right to seek Redressal, which are to be assured that Consumer’s interest will receive due consideration  and to a fair settlement of just claims of the Complainant/ Consumer as per provision of  Consumer Protection Act, 2019. Remaining silent amounts to deficiency in service and Unfair Trade practice against the OPs. Accordingly it is ordered.

                                      ORDER

The case is allowed exparte against the OPs. The OPs are directed to refund Rs. 11,000/- towards the balance amount of the Big Bazar profit club card to the Complainant, Rs. 25,000/- towards mental agony, deficiency in service and Unfair Trade Practice to the Complainant as Compensation and Rs. 15,000/- towards cost & litigation expenses 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.

Order pronounced in the open Court today on 29^th day of August, 2023.

Free copies of this order to the parties are supplied.