BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 561 of 2017

Date of Institution: 17.8.2017

Date of Decision: 17.11.2017  

Mr. Dharminder Talwar S/o Sh. Mitter Pal Talwar R/o H.No. 445/VI-3, Majith Mandi, Amritsar

Complainant

Versus

Aditya Birla Fashion And Retail Limited (Pantaloons Division) Through its Chairman/Managing Director/ Principal Officer having its Retail Office at Trillium Mall, Circular Road, Amritsar

Opposite Party

Complaint under section 12 and 13 of the Consumer Protection Act, 1986

Present: For the Complainant:  Sh.Deepinder Singh,Advocate

              For Opposite Party   : Sh. Anil Pandey,Store Manager

Coram

Sh.Anoop Sharma, Presiding Member      

Ms. Rachna  Arora,Member

Order dictated by:

Ms.Rachna Arora, Member

1.       Sh. Dharminder Talwar, complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that  complainant purchased the garments for his personal and family use from the opposite party on 6.8.2017 and 7.8.2017 , as such the complainant becomes the consumer under the  Consumer Protection Act. The complainant purchased the garments for his personal and family use on 6.8.2017 worth Rs. 4723/-. As per the sales promotion  scheme issued by the opposite party at the said period on the purchase of goods worth Rs. 2000/- or above a voucher worth Rs. 500/- is to be issued which is redeemable on the next purchase. The opposite party issued the redeemable voucher of Rs. 500/- which is to be utilized on or before 1.9.2017.  On 7.8.2017 the complainant again purchased the garments worth Rs. 4604/- from the opposite party and presented the said voucher for Rs. 500/- for redemption in the said purchase, but he opposite party flatly refused to honour the said commitment of redemption of Rs. 500/- voucher issued to the complainant on the pretext that their computer system has not updated the same and the executive at the payment desk was very hostile and used the foul language to the complainant. The act of the opposite party of not honoring the voucher for redemption of Rs. 500/-  on purchase made on 7.8.2017, is an act of deficiency of service, malpractice as well as unfair trade practice and has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant.  Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to refund Rs. 500/- alongwith interest @ 12% p.a. from 7.8.2017 till payment ;

(b)     Compensation to the tune of Rs. 25000/- alongwith adequate litigation expenses may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party appeared and filed written version in which it was submitted that vide advertisement of sales promotional scheme on the occasion of Raksha Bandhan it was clearly mentioned that on a billing amount of Rs. 2000/- and above a voucher of Rs. 500/- shall be give to the customer. This voucher could be redeemed only on the Pantaloons Brand of clothes and the same was well displayed in the stores. Therefore, the complainant was fully aware of the voucher redemption policies of the store. It was denied that any kind of objectionable language was used against the customer. While denying and cotroverting other allegations, dismissal of complaint was made.

3.       In his bid to prove the case Sh. Deepinder Singh,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of bills Ex.C-2 and Ex.C-3 and closed the evidence on behalf of the complainant.

4.       To rebut the aforesaid evidence Sh.Anil Pandey,Store Manager of the opposite party tendered into evidence his duly sworn affidavit Ex.OP1, copies of the standy offer communication Ex.OP2 to Ex.OP4 and closed the evidence on  behalf of the opposite party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       Ld.counsel for the complainant has reiterated the facts narrated in the complaint and has submitted that complainant purchased the garments for his personal and family use on 6.8.2017 worth Rs. 4723/-. Copy of bill is Ex.C-3 on record. As per the sales promotion  scheme issued by the opposite party at the said period on the purchase of goods worth Rs. 2000/- or above a voucher worth Rs. 500/- is to be issued which is redeemable on the next purchase and the opposite party issued the redeemable voucher of Rs. 500/- which is to be utilized on or before 1.9.2017.  However on 7.8.2017 the complainant again purchased the garments worth Rs. 4604/- from the opposite party and presented the said voucher for Rs. 500/- for redemption in the said purchase, but however, the opposite party flatly refused to redeem the voucher of Rs. 500/- issued to the complainant on the pretext that their computer system has not updated the same and has received the full amount. Ld.counsel for the complainant submitted that all this amounts to deficiency as well as unfair trade practice on the part of the opposite party.

7.       On the other hand the case of the opposite party is that the  voucher issued to the complainant, could be redeemed only on the Pantaloons Brand of clothes and the same was well displayed in the stores. It was further submitted that the opposite party clearly stated in the advertisement displayed everywhere at the store about the terms and conditions of the promotion scheme. In this regard opposite party has placed on record advertisement regarding gift voucher worth Rs. 500/-Ex.OP2 to Ex.OP4. It was not disputed that the complainant was not issued any voucher and the only contention of the opposite party is that the  voucher issued to the complainant, could  only be redeemed on the Pantaloons Brand of clothes. In this regard opposite party has placed on record advertisements Ex.OP2 to Ex.OP4 in which all the brands of Pantaloons are clearly written. The complainant has purchased the garments i.e. Bare Denim Jean as well as SF Bottom worth Rs. 4604/- and all the products purchased by the complainant are of Pantaloons company, which were clearly written in the advertisements . As such the complainant is entitled to redemption of Rs. 500/- on the purchase of Rs. 4604/- which the opposite party has flatly refused for which the complainant has suffered harassment mentally as well as financially.

8.       Consequently, we allow the complaint with cost. The opposite party is directed to refund Rs. 500/-  to the complainant. However, complainant has made a request for grant of compensation to the tune of Rs. 25000/- vide instant complaint which in our opinion appear to be quite exorbitant and  excessive. It is settled principle of law that compensation has to be granted in order to   set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 3000/-   and we grant the same accordingly. Litigation expenses are assessed at Rs. 2000/-. Compliance of this order be made within 30 days from the receipt of copy of the order; failing which, awarded amount shall carry interest @ 9% p.a from the date of filing of the complaint until full and final recovery. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated : 17.11.2017