Shri B. Mukhopadhyay, President. This is an application u/s.12 of the C.P. Act, 1986. Complainant by filing this complaint has alleged that as a student he purchased a computer from OP1 from its Ganesh Chandra Avenue Showroom on 10-11-2011 vide invoice No.E02 Ps 111008351, Customer No.E020010 for Rs.18,564/- and the said computer was installed in his house after assembling the part in the said showroom done by the OP but subsequently, while checking the price of the goods in computer at home the complainant found the bill price of the hard disk was taken Rs.4,350/- (Item No.6, SEA H DD0011 HDD SATA 500 GM SEAGATA) which is about 50% higher than the sticker amount (MRP Price of Rs.3,000/-). So, it is found that OP charged excess money than that of MRP Price by selling the said product (hard disk) at black rate. So, the complainant through his father made complaint about that black rate to OP wherever it was purchased but the staff of the OP expressed their inability to give any relief and said that due to non availability the hard disk it was sold at a high rate and such high rate is the market price at that point of time and when hard disk is available, the market price is charged as Rs.1900. Complainant was aggrieved and wrote a letter dated 24-11-2011 through registered post addressed to the Manager of the OP at its main office at No.19, R.N. Mukherjee Road, Kolkata – 700 001 for relief but even after reminder they did not even respond to. In view of the above facts and circumstances, the complainant alleged that practically OP by selling the said article (goods) at higher price than that of the MRP by adopting unfair trade practice and for which complainant has prayed for compensation and for taking such step against the OP. On the contrary OP by filing written version submitted that on 19-11-2011 complainant and his father came to his showroom/office and placed order before them and after proper checking of goods and price and, thereafter, being satisfied about the quality of the goods and price confirmed the same and as per direction and request of the complainant and his father their service personnel assembled the said parts and, thereafter, on proper checking the technical condition of the said computer in presence of the complainant and his father their service personnel handed over the said goods/computer with full satisfaction of the technical condition and invoice price complainant received it on full payment and signed the invoice but thereafter all on a sudden OP received the compliant and was shocked to go through the complaint that complainant with mala fide intention and ulterior motive has filed this compliant only to lower down the reputation of the OP but entire allegation is false and for which the complaint should be dismissed. Decision with Reasons Fact remains that in this case though various dates were fixed for arguments OPs did not turn up but from the record we have found that OP appeared, admitted the fact of purchasing of that computer(goods) by the complainant from the OP’s shop on the basis of the tax invoice cum delivery challan issued by the OP on 19-11-2011 and practically complainant has admitted the fact of purchase of the computer(goods) from the OP on the basis of tax invoice issued by the OP on 19-11-2011 and from the said invoice, annexure it is proved that OP received total amount of Rs.18,564/- and out of the price of goods is Rs.17,850/- West Bengal VAT was assessed Rs.714/- and total Rs.18,564/- was received by the complainant and goods were delivered to the complainant and no doubt complainant has been enjoying the same. So, relying upon the admission of the complainant and written version and also considering the tax invoice cum delivery challan dated 19-11-2011 it is found that Item No.6, SEA H DD0011 HDD SATA 500 GM SEAGATA was supplied and price was charged Rs.4,350/-. No doubt, it was an imported goods and in the said box there is a sealed description with note “Imported by M/s. Redington (India) Ltd., 95, Mount Road, Guindy, Chennai – 600 032 and month/year of import – August, 2011” and it is also noted in the said fixed token that “MRP (Unit Price) – Rs.3,000/- (inclusive of all taxes)” and same is marked as Annexure B and consulting annexure – B and tax invoice cum delivery challan (Annexure-A) it is found that OP took Rs.1,350/- as excess amount than that of the MRP Price inclusive of all taxes because the price of the said item was only Rs.3,000/- but peculiar fact is that OP appeared, filed written statement, admitted the fact of delivery of the items on the basis of tax, invoice cum delivery challan dated 19-11-2011 but has not denied the fact that he charged excess amount of Rs.1,350/- than that of MRP price of Rs.3,000/- which was engrossed in the said item and noted that in the said fixed token so apparently it is proved that as trader Balaji Solution Ltd. deceived the customer, present complainant and managed to take excess amount of rs.1,350/- and such an act is no doubt an unfair trade practice on the part of the OP and OP has done it but in his written statement he has not challenged the allegation of the complainant that means OP has swallowed the allegation of the complainant about adopting an unfair trade practice and considering the above fact we are convinced to hold that complainant has no doubt proved the very unfair trade practice on the part of the OP in selling goods of the complainant and it is also proved that present OP has been cheating the customer in such a manner by taking more than MRP price by deceiving the customer in such a fashion and for which the allegation of adopting unfair trade practice by the OP is proved well against the OP and for which complainant is entitled to such relief as prayed for. In the result, complaint succeeds. Hence, Ordered That the complaint be and the same is allowed on contest against the OP with a cost of Rs.2,000/- (Rupees Two thousand only). OP Balaji Solutions Ltd. is here by directed to pay a compensation of Rs.5,000/- (Rupees Five thousand only) to the complainant for deceiving the complainant as his customer for selling the item No.6 of the tax invoice-cum-delivery challan at a black rate of Rs.4,350/- though MRP Price is Rs.3,000/- inclusive of all taxes and further directed to refund a sum of Rs.1,350/- what had been taken by the OP from the complainant by selling that goods as excess amount. For adopting unfair trade practice by the OP in selling and delivering the computer articles to the customer and to control such activities of the OP, OP is hereby directed to pay a punitive damages of Rs.20,000/- (Rupees Twenty thousand only) for adopting unfair trade practice to this Forum in the head of State Consumer Welfare Fund. OP is directed to clear up entire decretal dues within one month from the date of this order failing which for each day’s delay a sum of Rs.100/- (Rupees one hundred only) shall be assessed as interest till full satisfaction of the decretal dues and if it is collected the same shall be deposited to the State Consumer Welfare Fund by this Forum. OP is directed to comply with the order very strictly within one month from the date of this order failing which for disobedience of Forum’s order the penal action may be started against OP and even warrant shall be issued against them for violation of the Forum’s order.
| | [HON'ABLE MR. A. K. CHANDA] MEMBER[HON'ABLE MR. B. MUKHOPADHYAY] PRESIDENT[HON'ABLE MRS. SANGITA PAL] MEMBER | |
