Punjab

Patiala

CC/292/2018

Kewal Singh - Complainant(s)

Versus

Big Bazaar - Opp.Party(s)

Sh Arun Bansal

05 Sep 2019

ORDER

District Consumer Disputes Redressal Forum,Patiala
Patiala
 
Complaint Case No. CC/292/2018
( Date of Filing : 06 Aug 2018 )
 
1. Kewal Singh
Partap Nagar Patiala
...........Complainant(s)
Versus
1. Big Bazaar
5th Floor Plot No 82 Sector 32 Near NIIT Gurgaon Haryana
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sh.B.S.Dhaliwal PRESIDING MEMBER
 HON'BLE MRS. Smt. Inderjeet Kaur MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 05 Sep 2019
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Consumer Complaint No.292  of 6.8.2018

                                      Decided on:           05.09.2019

 

Kewal Bansal S/o Roop Chand, resident of Partap Nagar, Patiala.

 

                                                                   …………...Complainant

                                      Versus

  1. Big Bazar (Future Retail Ltd.) North Zone Office, Future Retail Office, 3rd Floor, Plot No.82, Sector 32, Near NIIT Corp. Office, Gurgaon-122001(Haryana) through its Managing Director.
  2. Big Bazar (Future Retail Ltd.)           Omaxe Mall,  Mall Road, Patiala, through

its Manager.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt.Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member

                                     

ARGUED BY:

                             Sh. Sudershan Kumar, Advocate: Counsel for complainant.

                             Sh. Gurpreet Singh, Advocate: counsel for OPs.

                                     

 ORDER

                                    B.S.DHALIWAL, MEMBER

  1. This complaint is filed by Kewal Bansal  (hereinafter referred to as the complainant) against Big Bazar (Future Retail Ltd.) and another (hereinafter referred to as OPs) under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act).
  2. Briefly, the case of the complainant is that he is regular customer of OPs. He has also got issued a purchase card of OPs company where he gets 10% discount on the purchased items. Complainant purchased Masoor Dal alongwith other items from OP No.2 vide invoice/retail No.0023562, Tr: 25693, St:3684 on 14.6.2018 at 20.57 hrs. OPs specifically mentioned on the bill that ‘Net amount is inclusive of all taxes, total saving and to discount over MRP and additional promotions”. In the said sale/bill, OPs charged Rs.37.18 after discount of Rs.4.13. Net payable amount was Rs.33.66 for Masoor Dal 510 gm.
  3. It is contended that when complainant reached at home and checked the bill and items then it transpired that OPs have charged excess amount of Rs.3.52 over and above the actual price of Masoor Dal of 510 gms, which is mentioned on bar slip stick by the OP No.2’s employee. OPs have not only breached the trust of complainant but have also caused grave mental agony and trauma as he is under impression that OPs might have earlier also charged excess amount over and above MRP from the complainant.
  4. It is further contended that when the complainant approached and complained about it to the OPs, they misbehaved with him .They abused him and refused to refund the excess amount.
  5. On the background of these facts, the complainant has prayed for giving direction to the OPs to refund the amount of Rs.3.52 over charged from him; to pay compensation of Rs.80,000/- and also to pay Rs.11000/-as costs of legal expenses.
  6. Upon notice OPs No.1&2 appeared through counsel and contested the complaint by filing the written reply taking preliminary objections having denied all the averments, facts and allegations as stated in the complaint. It is stated that there is no cause of action arisen in favour of complainant .The complainant has created a false story by concocting, twisting and distorting the facts. The complaint is false, frivolous and vexatious being devoid of any merit and has been filed with a view to malign the credential and reputation of the OPs with dishonest intentions to detriment the OPs and to take illegal advantage.
  7. On merits, the purchase of the Masoor Dal is not denied. However, it is submitted that the OPs’ company is big shopping outlet where the prices of goods are fed in computer system which are scanned at the time of billing vide their bar code, however, if any mistake occurred due to some technical problem, the OPs correct it when it comes to the notice of the OPs. OPs were always ready to refund the over charged amount to the customers, which was due to technical fault of computer system. The complainant has never approached the OPs for the refund of the over charged alleged amount. Had the complainant presented original bill and the product to the OPs, then amount would have been refunded. After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint
  8. In evidence, the ld. counsel for the complainant has tendered in evidenceEx.CA, affidavit of the complainant alongwith documents Ex.C1 original bill dated 14.6.2018, Ex.C3, product i.e. Masoor Dal and closed the evidence of the complainant.
  9. The ld. counsel for OPs tendered in evidence, Ex.OPA affidavit of Amit Kumar Jha, Authorized representative of the OPs and closed the evidence.
  10. We have heard the ld. counsel for the parties and have gone through the entire record of the case carefully. They have reiterated their stand as taken in their respective pleadings. However, the ld. counsel for the OPs emphatically contended that over charging if any was neither intentional nor with any malafide intention.
  11. Ld. counsel for the  complainant  has reiterated the contentions as pleaded in the complaint. The counsel for the complainant relied upon the order  dated 11.2.2019 passed by the Hon’ble State Commission, Punjab, Chandigarh, passed in F.A No.677 of 2018 , Gurmeet Singh Vs. Big Bazar and another. Ex.C1 is the copy of invoice, whereby the complainant has purchased one packet of Masoor Dal for which OP No.1 charged Rs.37.18 from the complainant. Ex.C2 is the sealed wrapper in which the packet of masoor dal was retained. On opening of the same, it was found that on the tag attached with the packet, the price of the product is written as Rs.33.66, which shows that the OPs have charged Rs.3.52 in excess from the complainant. In spite of the request made by the complainant, OPs failed to refund the same and as such indulged in unfair trade practice and forced him to file this complaint.
  12. OPs have admitted the fact that the complainant purchased the product in question and it is also an admitted fact as per record that it charged Rs.3.52 extra from the complainant. The only plea taken by replying OPs is that OPs are big shopping outlet where the prices of goods are feeded in the computer system. However, if any mistake occurs due to technical problem, OPs rectified it when it comes to their knowledge. As per Ex.C2 the price of the item in dispute is clearly printed as Rs.33.66. A consumer has to be charged a price as printed on the product. Charging from consumer in excess of MRP of the product amounts to unfair trade practice on the part of the OPs.
  13. Not only that the OPs adopted unfair trade practice, it has not realized the committed lapse before this “Forum” in any manner. The unfair trade practice adopted by the OPs has been repeated not only in the case of complainant even in other such cases also. In the almost identical case i.e. Consumer Complaint No.343 of 08.09.2017, OP No.1 charged Rs.2/- in respect of the Moongdal and this “Forum” penalized the OP No.1. Further in the First Appeal No.677 of 2018, against the ibid complaint, the Hon’ble State Commission, Punjab enhanced the penalty vide it’s order dated 11.2.2019.The contention that the overcharging if any was neither intentional nor   malafide is no excuse.
  14. Now a days Big Bazar stores have become very popular within the people and large number of people go there on daily basis or even more on week end days.  If one consumer is charged the amount of Rs.3.52 over and above the MRP on one product, one can understand enormity of unfair trade practice adopted by OPs Unfair trade practice is a grave and serious matter effecting the large number of consumer and therefore, the compensation has to be awarded in proportionate to its gravity so as to make OPs realize that they are bound to pay for the mal practices adopted by them.
  15. Thus allowing the complaint, we direct the OPs as under:
  1. To pay Rs.3.52 as refund towards the over charged of MRP.
  2. To pay another sum of Rs.5000/-as compensation inclusive of costs for causing harassment, inconvenience and mental torture including litigation expenses to the complainant
  3. OPs are also burdened with Rs.10,000/-as punitive measure which shall be deposited by them in the Army welfare Fund Battle Casualties as per the details of bank account given below:

Fund Name: Army Welfare Fund Battle Casualities

Branch Name:Syndicate Bank

  •  

Branch Code:9055

IFSC Code:SYNB0009055

Account No.:90552010165915

 

  1. OPs No.1&2 will be jointly and severally liable to comply the aforesaid order within 45 days from the date of the receipt of the certified copies of this order.
  2. The complaint could not be decided within the stipulated period due to heavy pendency of cases.
  3. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:05.09.2019.  

 

                                           B.S.DHALIWAL                  INDERJEET KAUR

                                           MEMBER                              MEMBER

 

 

 

 

 

 

 

 
 
[HON'BLE MR. Sh.B.S.Dhaliwal]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt. Inderjeet Kaur]
MEMBER
 

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