DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.284 of 21.7.2017
Decided on: 25.10.2017
Aman s/o Sh.Ram Lal, R/o H.No.106 G, Street No.3. Partap Nagar, Patiala.
…………...Complainant
Versus
AERO CLUB (WOOD LAND), Opposite Kaintal Petrol Pump, Bhupindra Road, Patiala through its Prop./Sales Manager.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Paramjit Singh Walia, Advocate,
counsel for complainant .
Sh.Karan Preet Singh, Authorized representative
of the opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Complainant Aman has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.).
- WOOD LAND” offered discount of 40% on M.R.P. Persuaded from the said offer, he purchased one pair of shoes from the OP vide retail invoice No.NO31CSH171800760 dated 16.6.2017.The MRP of the said item was Rs.4995/- (inclusive of all taxes).The gross bill amount of the said item after discount came to Rs.2997.43. However, the OP after having added Rs.426.57 as VAT charged Rs.3426.43 from him. It is averred that the OP has charged excess price than the fixed price as the M.R.P. of the product included all the taxes and has thus charged tax on tax which is not only illegal but also an unfair trade practice on its part. He brought the matter into the notice of the OP but he told that Vat is extra as per T&C and was charged as per directions and instructions given by the manufacturer. The act and conduct of the OP caused mental agony and physical harassment to him.Hence this complaint with a prayer for a direction to the Op to refund the amount charged in excess on account of Vat alongwith compensation and litigation expenses.
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The authorized representative of the OP has tendered in evidence Ex.OPA his sworn affidavit and closed the evidence.
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6. From the invoice, Ex.C1, it is evident that the OP mentioned the M.R.P. of the said item as Rs.4995/- .After giving discount of Rs.1998/-, the payable amount has come to Rs.2997.43. But the OP after having added Rs.426.57 as Vat has raised the bill for an amount of Rs.3425.57. It may be stated that as per Section 2(d) of the Consumer Goods(Mandatory Printing of Cost of Production and Maximum Retail Price) Act,2014, no extra amount over and above the M.R.P., printed on the goods could be charged, even the same has been sold on discount, as M.R.P. has already been included all taxes levied on the goods. Since the OP has charged Vat on the discounted price of the product, from the complainant, in violation of Section 2(d) of the Consumer Goods(Mandatory Printing of Cost of Production and Maximum Retail Price) Act,2014, therefore, it has not only committed deficiency in service but also indulged in to unfair trade practice. The OP is thus liable to refund the amount charged on account of Vat and also liable to compensate the complainant for causing mental agony and physical harassment . It is also liable to pay litigation expenses. In the case titled as M/s Aeroclub (woodland) Versus Rakesh Sharma, Revision Petition No.3477 of 2016, decided on 04 Jan 2017, the Hon’ble National Commission has already held that “In our opinion, therefore, the defence of the Petitioners that they had charged VAT as per law is of no avail in so far as the issue at hand, viz. misleading advertisement, resulting in unfair trade practice, is concerned. We are in complete agreement with the Fora below that any discount falling short of “Flat 40% on the MRP would amount to unfair trade practice, as defined in the Act”.
7. In view of the aforesaid discussion, we allow the complaint and direct the O.P. in the following manner:
- To refund Rs.426.57 rounded off 427/- charged on account of vat , to the complainant.
- To pay Rs.5000/-as compensation, for causing mental agony and physical harassment to the complainant.
- To pay Rs.5,000/-towards costs of litigation
The O.P. is further directed to comply the order within a period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 25.10.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
