BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.351 of 2016

Date of Instt. 16.08.2016

Date of Decision :23.11.2016

Sunil Ahuja, 55-FF, Saraswati Vihar, Jalandhar City-144008.

..........Complainant

Versus

Big Bazaar, (Bharti Retail, Limited) SPLENDORplendor Shagun, Civil Line, Ladowali Road, Jalandhar City-144001.

.........Opposite party

Complaint Under Consumer Protection Act.

Before: Sh. Karnail Singh, (President),

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Opposite party exparte.

Order

Karnail Singh (President)

1. The instant complaint filed by complainant, wherein alleged that the complainant purchased two items named Sugar and Rajma Kashmiri from the respondent store on 18/06/2016 vide CM No. 0356753. The sugar was priced at Rs. 39.50/- per KG while Rajma Kashmiri was priced as Rs. 73/- per KG at the selling counter where these items are sold in loose. The modus is items are weighed by the sales counter attendant at the selling counter, then sealed with & a machine printed sticker for weight and price chargeable is put over the pack and then handed over to the customer for payment at the payment counter. The consumer has no role in this whole operation except to take the item to payment counter and make the payment. Similarly in this case also packet was made with completing all the above system and complainant was asked to make the payment at cash counter. Accordingly payment was made at the cash counter and subsequently, complainant was handed over the cash memo for the items purchased alongwith the items to be taken out of the store.

2. That complainant after coming out of the store on seeing the cash memo realized that he has been charged Rs. 39.27/- at the cash counter for .510gms of Rajma Kashmiri instead of Rs. 37.23/- as per printed sticker on the packet put up be the sales staff. That on representation to the store people nothing came out as their submission being that price charged at cash counter is actual price as the same is uploaded from back end in the computers. To the question as to price displayed at sales counter and price and weight sticker put up by their machine they had no answer. Even the respondent failed to reply to the notice dated 20/6/2016. Secondly in the cash memo, respondent has also overcharged by Rs. 0.48 in change in the guise of rounding off Rs. 76.52 to Rs. 77/- to their advantages. In view of the above facts, complainant is left with no choice but to file the present complaint with the prayer that these fact show as to how the respondent is using unfair practices for over charging the consumer than the displayed price of the commodity and further prayed that the complaint of the complainant may be accepted and complainant be awarded a compensation of Rs. 10,000/- for having been duped in this manner by the respondent and also going through trauma of having been taken for a ride in this manner by the respondent. In addition to this, respondent be asked to file details as to how many customers have been charged in this manner and also in rounding of amount from 1/4/2016 till date. For adopting this unfair trade practice, it might have charged to lot many people where its not possible to refund the money to individual consumers as their addresses are not known the respondent be fined a sum of Rs. 50,000/- and asked to be deposit the same in consumer welfare fund. Besides this costs of Rs. 3,000/- be also awarded to complainant for seeking legal guidance and opinion in this manner.

3. Notice of the complaint was given to opposite party but despite service, opposite party did not come present and ultimately, opposite party was proceeded against exparte vide detailed order dated 3/10/2016.

4. In exparte evidence, complainant tendered his duly sworn affidavit Ex. CA and documents Ex.C1 to Ex.C3 and closed exparte evidence.

5. We have heard the complainant in person and also scanned the file very minutely.

6. After considering the overall circumstances, we find that the main grievance of the complainant is only that the opposite party has charged excess amount for the Rajma Kashmiri from the complainant and also charged 0.48 paisa excess by rounding of the amount for that purpose. The complainant has made allegation unfair trade practices by the opposite party and claim compensation of Rs. 10,000/- and litigation expenses of Rs. 10,000/- and also claim that a fine be also imposed of Rs. 50,000/-.

7. We find that in order to prove the allegations made in the complaint, the complainant tendered his affidavit Ex. CA and whereby brought on the file documents Ex. C1 to Ex. C3 and accordingly, we have gone through the said documents very carefully and find that the invoice Ex. C1 show the charges taken by the opposite party from the complainant for Rajma Kashmiri is Rs. 39.27/- whereas the price is printed on the packet is Rs. 37.23/- and photostate copy of the packing envelope is prove on the file Ex. C2 by the complainant and also prove on the file legal notice Ex. C3 but the complainant did not bother to reply the said notice. So under these circumstances, it has become clear that the evidence so led by the complainant remains unrebutted and unchallenged and therefore, we do not find any earthly ground to discard the exparte evidence of the complainant and further we reach to conclusion that the opposite party has committed unfair trade practice with the complainant by over charging price of the Rajma Kashmiri then printed on the packet and further also charges Rs. 0.48 paisa excess by rounding the amount and accordingly, the complaint of the complainant is partly accepted and opposite party is directed to return the excess amount so obtained from the complainant and also pay a compensation of Rs. 5,000/- and further pay litigation expenses to the tune of Rs. 1,000/- within one month from the date of receipt of order failing which the complainant will entitled to get interest on the aforesaid whole amount at the rate of 9% from the date of filing complaint till realization. Complaint could not be decided within stipulated time frame due to rush of work.

8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room

Dated Parminder Sharma Karnail Singh

23.11.2016 Member President