Tripura

West Tripura

CC/3/2015

Sri Maran Sarkar. - Complainant(s)

Versus

Big Bazar Agartala. - Opp.Party(s)

Self

16 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   03  of   2015

Sri Maran Sarkar,
S/O- Nanigopal Sarkar,
Badharghat, Matripally,
P.O. Siddhi Ashram,
West Tripura.            ..........Complainant.
    

                 ___VERSUS___
             

Store Manager and Incharge,
Big Bazaar- Agartala-Rupasi Cinema,
L. Plaza(Agartala), Mantribari Road, 
Agartala, Tripura,
Pin- 799001.                .........Opposite party.
    

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the Complainant        : Complainant in person.
                      
For the Opposite Parties        : Sri S.M. Chakraborty, Sr. Advocate,
                      Sri Suman Bhattacharya,
                      Sri Anupam Das, 
                      Advocates.                                           
          
        JUDGMENT  DELIVERED  ON:  16.03.2016

J U D G M E N T
        
        One Maran Sarkar filed the complaint against the Store Manager and Incharge of Big Bazaar-Agartala-Rupasi Cinema. It is alleged that he being allured by the advertisement given by the Big Bazaar authority sold out old household items and earned amount of Rs.7730/- which was entered in his Smart Card. He then wanted to purchase bicycle, mobile as per advertisement. But those items are not available. He then made written complaint to the Big Bazaar authority but did not get any redress. So, he filed this case before this Forum for proper redress and compensation.

2.            Big Bazaar authority appeared, filed W/O stating that the complaint is not maintainable. The allegation is denied and it is stated that it never indulged in any unfair trade. Complainant actually failed to utilize the exchange coupon within the offer period. 

3.            On the basis of rival contention raised following points cropped for determination.

        (I) Whether the Opposite Party Big Bazaar authority indulged in unfair trade practice and had any deficiency of service?
        (II) Whether the petitioner is entitled to get compensation?

Petitioner produced Credit Card, Big Bazaar Pay Back Card, advertisement, acknowledgment receipt, letter, also produced the statement on affidavit of Maran Sarkar.

5.        Opposite Party, Big Bazaar authority on the other hand produced the statement on affidavit of Kiron Kolay.

6.        On the basis of evidence we shall now determine the above points.

        FINDINGS:

We have gone through the advertisement paper where it is written that exchange old item and get up to 20 % discount on new purchase. On the acknowledgment receipt it is found that total exchange value is written Rs.1150/- which is transferred to pay back card. In para 6 item mobile, bicycle etc. shown. Offer continued from 22 February to 30th March. Maran Sarkar sent the letter to Kiran Kolay, Store Manager informing that bicycle, mobile not found available in the shop. As per exchange offer those item should remain available and price should be 20% less from the market price. Petitioner sold out his household items earned points but failed to get those articles in 20% low price as per advertisement. The contention of the Big Bazaar authority is that the scheme is subject to change without prior notice. It is also contended that petitioner utilized 75 points within offer period but fail to utilize the entire within validity period.

Big Bazaar authority failed to produce any evidence to support that bicycle, mobile were available and within validity period. Petitioner is to take the articles by 6th April. O.P. In the written statement also did not say the items were available. They only contended that terms and conditions may be changed. But surprisingly what was the change not disclosed. In the terms and conditions it is written exchange value is valid up to 6th April, 2014. So, before 6th April the items should remain available in the store. The correspondence of Maran Sarkar is admitted and in response to that letter of Maran Sarkar earned points for Rs.1510 utilized 75 points. It is only written that offer is subject to change without notice and scheme available on products availability on the concerned store. This is totally unfair trade practice. After giving advertisement that the items are available at 20% low price the Big Bazaar authority decided that the items are not available excepting 1 and 2. The money accommodated by selling old items can not be given back as per terms. It cannot be exchanged for cash.  After imposing all these condition Big Bazaar authority did this unfair trade practice.

9.            On careful scrutiny evaluation of evidence given by the petitioner it is clear that Big Bazaar authority indulged in unfair trade practice and also had a deficiency of service. Due to this unfair trade practice and deficiency of service petitioner was harassed. He sold out his household articles for purchasing new  choice item in a low price being allured by the advertisement. But the items are not found available within the validity period. So, he was deceived by the unfair trade practice. We therefore, are of the opinion that the petitioner is entitled to get compensation for deficiency of service and unfair trade practice by Big bazaar authority. In the petition no specific amount is demanded by the petitioner. We assessed the harassment of the petitioner due to this deficiency of service we consider that petitioner is entitled to get Rs.15,000/- from the O.P. We therefore, direct the O.P. to pay Rs.15,000/- to the petitioner for unfair trade practice and deficiency of service & also pay Rs.2000/- for cost of litigation. Amount is to be paid with in 2 months, if not paid it will carry interest @ 9% P.A.    
               
Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM,  
AGARTALA, WEST TRIPURA.