Haryana

Ambala

CC/398/2018

Varun Kumar - Complainant(s)

Versus

Big Bazaar - Opp.Party(s)

Rahul Bedi

09 Apr 2019

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                    

                                                          Complaint case no.        :  398 of 2018

                                                          Date of Institution         :  07.12.2018

                                                          Date of decision   :  09.04.2019

 

 

Varun Kumar, S/o Sh. Rishi Pal R/o House No.1400, Dashmesh Nagar, Naya Gaon, Mohali, Punjab

  ……. Complainant.

Vs.

 

Big Bazaar (Future Retail Ltd), Minerva Complex, Plot No.180/123 Rai Market Ambala Cantt. 

 

      ….Opposite Party No.1.

 

 

Future Enterprises Ltd MIDC Plot No.G-6, Tarapur, District Palghar Boisar (W)-401506 Maharastra.

 

                                                                        ......Opposite Party No.2.

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986

 

 

Before:        Ms. Neena Sandhu, President.

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

 

 

Present:       Sh. Kirti Kumar, counsel for complainant.

                   Sh. Ajay Chawla, counsel for Ops.

 

Order:         Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to OPs:-

1. To refund Rs.8/- alongwith interest @18% per annum to the complainant, charged on account of GST.
2. To pay Rs. 50,000 as compensation for causing  mental agony and physical harassment to the complainant.
3. To pay Rs. 15,000/- as litigation costs.
   •  

Any other relief, which the Hon’ble Forum may deem fit.

 

                   In nutshell, brief facts of the present complaint are that the complainant purchased one article from the OP No.1 on 31.01.2018 by paying consideration amount of Rs.188/-(round off). The MRP of the product was Rs.299/-, which was inclusive of all taxes. The OP, in order to promote the sale of the articles, offered 40% discount on MRP of the products. After 40% discount, the price of the above said product comes out to be Rs. 179/- but in addition to that the OP charged GST @5% of Rs. 8.98(Central GST @2.5% of  Rs.4.49 and State GST @2.5%  of  Rs.4.49) and raised the bill of Rs.188/-. After seeing the bill complainant raised the objection but the OPs forced him to pay the bill amount of Rs. 188/-. The pleading of the complainant went unheard and was not left with any other option but to pay the said amount of Rs. 188/-, as OP said that once bill has been raised then he has to pay the net payable amount. By charging GST extra on the discounted price, the OPs have committed deficiency in service and has caused mental agony and physical harassment to the complainant. Hence, the present complaint.

2.                Upon notice, OP appeared through counsel and filed written version, raising preliminary objections qua complaint is not maintainable. On merits, it is stated that requirement  of MRP(Maximum  Retail Price) on  the label  of the Product  i.e. readymade garments  is under Legal Metrology Act, 2009 and legal Metrology (Packed commodities)Rules 2011, whereas  GST is charged on the selling  price  of the product. It is also stated that the amount charged on account of GST has already been deposited with the Government of Punjab and Union Government of India. When the products are sold on MRP to customers, GST amount is not separately charged from the customers. There is no deficiency in service on their part and complaint may be dismissed with cost.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as Annexure C-1 to Annexure C-2 and closed the evidence. On the other hand, Counsel for OPs tendered affidavit as Annexure OP/1 and closed the evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file.

5.                 Annexure C-1, is the invoice dated 31.01.2018, whereby complainant purchased, one article from the OPs. From the said invoice it is evident that the OPs, after giving discount of Rs. 119.60 and after having added Rs. 8.98 as GST has raised the bill for an amount of Rs. 188/-. In the price tag, Annexure C-2, it is specifically mentioned that the maximum retail price(hereinafter referred to as MRP) of the article in question is of Rs. 299/-, inclusive of all taxes. As per Section 2(d) of the Consumer Goods (Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2014, the ‘Maximum Retail Price’ means ‘such price at which the consumer goods shall be sold in retail and such price shall include all taxes, levied on the goods’. No extra amount over and above the MRP, printed on the goods could be charged, even the same has been sold on discount, as the MRP has already been included, all the taxes levied on the goods. Since the OPs have charged GST on the discounted price of the product, from the complainant, in violation of Section 2(d) of the Consumer Goods (Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2014, therefore, they have committed deficiency in service and  thus the complainant is entitled to get refund of the amount of Rs. 8/- as prayed for  in the complaint. The complainant is also entitled to get compensation for the mental agony and physical harassment suffered by him along with litigation expenses.

6.                In view of the above discussion, we allow the present complaint and direct the OPs in the following manner:-

(i)      To refund Rs.8/-(Rupee eight only) charged on account of GST to the complainant.

(ii)     To pay Rs. 5,000/-(Rupees Five thousand) as compensation/litigation expenses.

The Ops are further directed to comply with the order  within the period of 30 days from the date of receipt of the certified copy of this order failing which the awarded amount shall carry interest @ 7% per annum for the period of default. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :

 

 

          (Vinod Kumar Sharma) (Ruby Sharma)     (Neena Sandhu)

              Member                        Member               President