This complaint coming up before us for hearing on 11-04-14                                in the presence of Dr. Saida representing on behalf of complainant and opposite party remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao,  President:-    The complainant filed this complaint under section 12 of the Consumer Protection Act seeking refund of Rs.6/- said to have been charged more than the price labeled on sprite bottle by the opposite party; Rs.10,000/- towards deficiency of service and Rs.15,000/- towards mental agony.

2.   In brief the averments of the complaint are these:

        The complainant on 05-07-13 purchased a sprite bottle for Rs.36/- containing batch No.219AM5 from the opposite party.   After purchase the complainant noticed the price labeled on it was only Rs.30/-.   One Yousif present at that time required the complainant not to take more than the price mentioned on the bottle.   The opposite party gave evasive reply and even did not issue bill.   Non issuing of bill and charging more than the price labeled on the bottle amounted to unfair trade practice which comes under the purview of deficiency of service.   On account of the opposite party’s said attitude the complainant suffered mentally and financially.  The complaint therefore be allowed.

3.   The opposite party through entered appearance through an advocate did not choose to file version within the time prescribed under the Act.   For not filing of version and absence of any representation on 26-02-14; 05-03-14 and 12-03-14 the opposite party was set exparte.

4.  Ex.A-1 (empty sprite bottle) was marked on behalf of the complainant. 

5.   Now the points that arose for consideration in this complaint are:

        1.  Whether the opposite party committed deficiency of service?

        2.  Whether the complainant is entitled to compensation and if                   so to what amount?

        3.  To what relief?

6.   POINT No.1:-   Ex.A-1 bottle was manufactured on 14-06-13 with batch No.219AM5 as appeared from the bottle.   The complainant did not file any type of bill to show that he purchased sprite bottle (Ex.A-1) for Rs.36/- from the opposite party.  The price prescribed on Ex.A-1 was Rs.30/-.    In the absence of any version contrary to the complaint averments and complainant affidavit the contention of the complainant remained uncontraverted.  The opposite party charging Rs.36/- i.e., more than the amount prescribed on Ex.A-1 (Rs.30/-) in our considered opinion amounted to unfair trade practice which amounted to deficiency in service. 

7.   The complainant did not brought to the notice of the Forum that a seller has to furnish bill even if it is less than Rs.100/-.   Under those circumstances, the contention of the complainant that non issuance of bill also amounted to deficiency in service cannot be accepted.  For the discussion made supra we opine that the opposite party committed deficiency in service and answer this point in favour of the complainant.

8. POINT No.2:-   The complainant claimed Rs.15,000/- towards mental agony and Rs.10,000/- towards financial loss and others.               The compensation claimed and to be awarded should commensurate with the injury suffered.   The complainant did not mention what the other damages which he sought.  Considering the injury complained awarding Rs.1,000/- as damages in our considered opinion will meet ends of justice.   We therefore answer this point accordingly in favour of the complainant.

9.   POINT No.3:-   In view of above finding in the result the complaint is allowed partly as indicated below:

1. The opposite party is directed to sell cool drink bottles for the MRP printed on them.
2. The opposite party is directed to return Re.6/- (Rupees six only).
3. The opposite party is directed to pay Rs.1000/- (Rupees one thousand only) towards damages.
4. The opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards costs.
5. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of the copy of the order.
6. The sprite bottle (Ex.A-1) may be destroyed after expiry of appeal time.

 Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 11^th day of April, 2014.

MEMBER                                  MEMBER                                  PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party:   NIL

                                                                                                PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.