DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.120 of 21-04-2022

Decided on 16-03-2023

Ram Manohar, aged about 33 years, S/o Sh. Vijay Kumar, R/o Goniana Mandi, Tehsil & District, Bathinda.

1. ........Complainant

   1.  

Versus

1. Ashoka Copy Manufactures, Opp. SSD Mandir, Behind Dhobi Bazar, Bathinda through its Prop. Ashok Kumar.

2. Xseed Education India Pvt. Ltd., Xseed House, 14, Sankey Road, Sadhashiva Nagar, Bengaluru-560003 through its MND/Chairman.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh. Paramvir Singh, Advocate.

For opposite parties : Opposite party no.1 ex-parte.

Opposite party No.2 deleted.

O R D E R

Lalit Mohan Dogra, President

1. The complainant Ram Manohar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Ashoka Copy Manufactures and another (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he visited shop of opposite party No.1 for purchase of books of UKG for his son and accordingly, opposite party No.1 provided a bundle of the books alongwith list of Books for Class UKG, Session 2022-23 and gave slip of Rs.4,234/- to the complainant i.e. Rs.3,000/- as Books set -UKG and Rs.1234/ for the other books mentioned in the list. The opposite party no.1 asked the complainant that after concession, Rs.2550/- is payable for the Books Set UKG worth Rs.3000/- and Rs.1110/- for the remaining books of Rs.1234/- and in this way, the opposite party demanded a total sum of Rs.3660/- from the complainant after concession. The complainant asked for any further concession, but the opposite party No.1 proclaimed that they are already charging the amount after concession which is clear from the slip issued by the opposit party No.1 and the complainant bonafidely paid Rs.3600/-through Google Pay on 31.3.2022 while the amount of Rs.60/- was paid in cash.

3. It is alleged that after receiving the said bundle of books, when the same was opened, the complainant was shocked and surprised to note that there was a slip inside the said bundle issued by the opposite party no.2 i.e. the manufacturer of the books and as per the said slip, the price of the books is only Rs.2400/- (Inclusive of Taxes).

4. It is also alleged that after checking the said slip of Rs.2400/-, the complainant enquired from opposite party No. 1 about charging of excess amount but they failed to give any satisfactory reply. The complainant also noted that there was no MRP on the three books. The complainant also asked about the same from the opposite party no.1 but the opposite party no.1 failed to give any satisfactory reply rather they started mis-behaving with the complainant and also proclaimed that they are charging the price as per their own convenience. If the complainant has any grievance, he complainant can return all the books back and get the refund of the total amount of Rs.3660/- but the complainant will not get the said books from any other book seller. due to the aforesaid act on part of the opposite party, the complainant is suffering from grave mental tension, agony, botheration, harassment, humiliation and also suffered financial losses for which he claims compensation to the tune of Rs. 1,00,000/-.

5. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to refund Rs. 150/- which has been charged in excess against MRP and also pay Rs. 1,00,000/- as compensation besides Rs. 11,000/- as litigation expenses.

6. None appeared on behalf of opposite party No. 1 despite service of notice, As such, exparte proceedings were taken against opposite party No. 1.

7. In view of the statement of learned counsel for complainant, name of opposite party No. 2 was deleted from the array of opposite parties.

8. In exparte evidence, the complainant tendered his affidavit dated 17.4.2021 (Ex. C-1) and documents (Ex.C-2 to Ex.C-7).

9. We have heard learned counsel for the complainant and gone through the record.

10. Counsel for the complainant has argued that complainant purchased book from opposite party No. 1 and opposite party after concession, had charged Rs. 2550/- from him. However, when the complainant opened the bundle of books, he was suprised to notice that there was slip mentioning MRP of the said books as Rs. 2400/- inclusive of taxes, which is placed on record as Ex. C-4 and in this way, the opposite party No. 1 charged Rs. 150/- more than MRP. It has been further argued that in Slip Ex. C-2 at Sl. No. 8, the opposite party No. 1 charged Rs. 90/- for 3 note books and has placed on record original note took for perusal of this Commission. A perusal of said original note book and photocopy of the same Ex. C-6 & Ex. C-7 show that the same does not bear MRP rather name of St. Xavier's World School has been mentioned on the copy. Counsel for the complainant has further argued that charging of excess amount by opposite party No. 1 and non-mentioning of MRP on the note books Ex. C-6 & Ex. C-7 amounts to deficiency in service and business mal-practice. Counsel for the complainant has referred to the judgement titled as Hotel Nyay Mandir Vs. Ishwarlal Jinabhai Desai (Appeal No. 974 of 2005 decided on 9-1-2006) whereby Hon'ble State Commission, Gujarat, has ordered refund of Rs. 22/- recovered in excess from the customer/consumer in respect of Mirinda soft drink and compensation of Rs. 5,000/- was also awarded to the said consumer.

11. From the evidence adduced on file, the complainant has successfully proved his case regarding over-charging and non-mentioning of MRP on the note books Ex. C-6 & Ex. C-7, which clearly amounts to deficiency in service and business mal-practice on the part of the opposite party No. 1.

12. Accordingly, present complaint is partly allowed and the opposite party No. 1 is directed to refund the amount of Rs. 150/- alongwith interest @ 9% p.a. w.e.f. 31-3-2022 till realization and pay Rs. 10,000/- to complainant on account of damages for mental tension and harassment.

13. The compliance of this order be made by opposite No. 1 within 45 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    16-03-2023

    (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member