BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.151 of 2021

      Date of Instt. 06.04.2021

      Date of Decision: 28.01.2022

Rajiv Kumar Sharma aged about 41 years son of Sh. Daya Nand Sharma R/o H. No.2, Gali No.1, New Shital Nagar, Near DAV College, Jalandhar.

..........Complainant

Versus

AARCO Electronics, Gem House, G. T. Road, Jalandhar, through its Prop./Partner.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)                                         

Present:       Sh. Manit Malhotra, Adv. Counsel for the Complainant.

                   OP exparte.

Order

Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein he has alleged that the complainant approached the OP who is the authorized dealer of various consumer durable goods including LG Brand. The complainant has purchased LG Refrigerator Model GL-T322SESY vide bill No.GST-4412 dated 25.03.2021 for Rs.30,400/-. That the complainant made the payment through his HDFC Bank Credit Card against the above mentioned bill. The OP instead of deducting/swapping bill amount of Rs.30,400/-, swapped/deducted Rs.31,300/- from his credit card. The complainant objected to the OP of the overcharged amount made by him. But instead of accepting the mistake done by the OP, the OP started arguing that they have right to charge extra amount if any one makes the payment through credit card. That the complainant requested the OP that the deduction of overcharged amount is illegal but they refused to accede the genuine request of the complainant. As such the OP is involved in unfair trade practice which amounts to deficiency in service on the part of the OP and the OP has also committed unfair trade practice towards the complainant for which they are liable to compensate the complainant and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OP be directed to return the overcharged amount of Rs.900/- deducted from the credit card of the complainant excess from bill amount by the OP alongwith interest with immediate effect and further OP be directed to pay Rs.50,000/- as compensation for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP, but despite service OP did not come present and ultimately, OP was proceeded against exparte.

3.                In order to prove his respective version, the complainant produced on the file his respective evidence.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                It is established on the file that complainant has purchased a LG Refrigerator Model GL-T322SESY from the OP vide bill No.GST-4412 dated 25.03.2021 for Rs.30,400/-, which is evident from Ex.C-1. The complainant made a payment through his HDFC Credit Card against the above mentioned bill. The OP instead of swapping bill amount Rs.30,400/- swapped Rs.31,300/- from his credit card, which is evident from Ex.C-2. Thus the OP charged excess amount of Rs.900/-. The complainant filed the instant complaint and notice of this complaint was served upon the OP, but despite service the OP did not bother to appear in the Commission and the OP was proceeded against exparte and ultimately, the allegations of the complainant remained un-rebutted and un-challenged because there is no rebuttal evidence on the file qua the allegation of the complainant. So, in the absence of any evidence, on the part of the OP, we have no option to accept the un-rebutted evidence of the complainant. Therefore the complainant is entitled for the refund of the excess amount charged by the OP alongwith compensation, interest and litigation expenses.

6.                In view of the above detailed discussion, the complaint of the complainant is exparte partly allowed and OP is directed to refund the excess amount charged from the complainant i.e. Rs.900/- with interest @ 6% per annum from the date of purchase i.e. 25.03.2021 till realization and further OP is directed to pay Rs.3000/- as compensation including litigation expenses for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                       Jyotsna                       Dr.Harveen Bhardwaj     

28.01.2022                    Member                    President