Order dictated by:

Sh.S.S. Panesar, President.

1.       Smt.Neha Chhetri has brought the instant complaint under section 11 & 12  of the Consumer Protection Act, 1986 on the allegations that the Opposite Party is retail outlet of readymade garments and the complainant purchased readymade garments on 25.7.2016 vide receipt No.0012364 of Rs.2849.25 paisa. Due to sale promotion scheme, Opposite Party sold one Jean on 30% discount on price and as per price tag MRP was Rs.1895/- inclusive of all taxes.  Opposite Party inspite of having price tag inclusive of all taxes has charged 6.05% (Rs.80.25 paisa) tax on the jean. The complainant made strong protest to Opposite Party that price tag display price inclusive of all taxes and charging of taxes on the said product  against the provision of law. But the Opposite Party did not care and insisted of charging the same.  The complainant has suffered great hardship and it  tent amounts to gross deficiency in service and  unfair trade practice on the part of Opposite Party because the Opposite Party entitled to charge Rs.1326.40 for jean after 30% discount on Rs.1895/- and Opposite Party illegally charged Rs.80.25 paisa for VAT on discounted price of Rs.1326.50 paisa.    The  complainant has prayed for the following reliefs  through the instant complaint.

a)       Opposite Party  be directed to refund the amount of Rs.80.25 paisa charged excess as tax.

b)      Opposite Party be directed to pay Rs.25,000/- s compensation amount for mental sufferings, harassment and humiliation suffered by her.

c)       Opposite Party may also be directed to pay Rs.5,000/- as litigation expenses.

Hence, this complaint.

2.       Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Party  and as such, the Opposite Party was ordered to be proceeded against exparte. 

3.       In her bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of retail invoice Ex.C2, copy of price tag Ex.C3   and closed the exparte evidence.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that the complainant purchased one jean  from Opposite Party with MRP of Rs.1895/- inclusive of all the taxes with 30% discount which come to be Rs.1326.40, but however, the Opposite Party overcharged an amount of Rs.80.25 paisa illegally on account of VAT. Since the MRP was inclusive of all the taxes, Opposite Party could not charge the amount of Rs.80.25 paisa on account of VAT, copy of the price tag accounts for Ex.C3, while retail invoice accounts for Ex.C2. By overcharging Rs.80.25 paisa, the Opposite Party has indulged in unfair trade practice. The complainant has made into witness box as her own witness and filed her duly sworn affidavit Ex.C1 in support of her version  made in the complaint. The evidence produced by the complainant has gone unrebutted on record as  the Opposite Party,  despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. As such, the amount of Rs.80.25 paisa overcharged by the Opposite Party is required to be refunded to the complainant. The complainant has prayed for grant of compensation to the tune of Rs.25,000/- on account of deficiency in service. Besides that the complainant has also requested for grant of Rs.5,000/- as litigation expenses. However, in our considered opinion,  the amount of compensation claimed by the complainant is on the higher side. It is settled principle of law that compensation has to be granted matching loss occasioned to the complainant. No excessive and exorbitant compensation can be awarded to the complainant to enrich him/her at the cost of other party. As such, in our considered opinion, the loss occasioned to the complainant can be salvaged, if the complainant is awarded compensation  to the tune of Rs.3,000/- (Rupees three thousands only) while costs of litigation are  assessed at Rs.2,000/- (Rupees two thousands only). Opposite Party shall also refund Rs.80.25 overcharged by them from the complainant. Opposite Party is directed to comply with the order within 30 days from the date of receipt of copy of the order,  failing which, the awarded amount shall carry interest @ 6% per annum from the date of passing the order until full and final payment.  The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

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