COMPLAINT FILED:11.05.2011
DISPOSED ON:04.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
04th DAY OF NOVEMBER-2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.902/2011
Complainant | Mr.R.Jayachandran S/o Late Rathnam, Advocate, Aged about 50 years, Residing at No.117/5, Old Madras Road, Halasuru, Bangalore-560 036. In person, V/s. |
OPPOSITE PARTY | The Area Manager, Big Bazaar (Future Value Retail Ltd), Salapuria Nova, No.182, Old Madras Road, Bangalore-560 016. Advocate:Sri.N.Dinakar |
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O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (herein after called as O.P) to refund an amount of Rs.199/- with interest at 18% p.a. and to pay compensation of Rs.2,500/- for mental agony undergone on the allegation of deficiency in service on the part of OP.
2. The case of the complainant to be stated in brief is that:
The complainant is a frequent visitor of OP and he used to make monthly purchases from the said Bazaar. On 22.01.2011 the complainant visited the OP’s Super Bazaar and purchased few items and a Bill was raised under No.105 receipt No.26741 and upon careful verification of the bill, the complainant noticed a sum of Rs.199/- on the pretext of issuing an insurance policy, to which there has been no request of whatsoever nature from the complainant nor any request has been made to the OP for issuance of insurance policy. The complainant immediately contacted, the OP did not evoke any positive response. The complainant addressed a letter dt.17.02.2011 by RPAD as well as under certificate of posting. Despite receipt of the letter, OP had remained silent without causing any reply. OP has illegally collected a sum of Rs.199/-from the complainant on the pretext of issuing an insurance policy, at a time, when no request was made to that effect. Hence the complaint for refund of the amount and compensation.
3. On appearance, OP filed version contending that the complaint is not maintainable; OP cannot ascertain whether this particular bill produced by the complainant had been issued to the complainant on his purchase as claimed by him. It is admitted that OP in their endeavour to serve their customers in a better way had arranged issuing insurance policy to those who are willing. This particular aspect was made very clear by sales executives before billing the customer’s purchases. It was also made clear that availing insurance policy was purely voluntarily decision of the concerned individual. It is denied that the insurance policy was made without the request of the complainant. The complainant never contacted OP to register his grievances. On the insistence of the complainant only, billing was made and requested the complainant to collect the policy bond on the next day as there was huge crowd due to big day celebration. The said bond was ready on the very next day, the complainant had failed to turn up and collect the same. OP is ready and willing to handover the said policy bond to the complainant. OP contacted the complainant over the phone and requested to collect the policy bond. However the complainant instead of collecting the policy bond has filed this complaint with an ulterior motive for illegal gain. There is no deficiency in service on the part of the OP. Hence it is prayed to dismiss the complaint with exemplary costs.
4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Manager-Legal filed affidavit evidence in support of defence version.
5. Arguments on both sides heard.
6. Points for consideration are as under:
Point No.1:- Whether the complainant has
proved the deficiency in service
on the part of the OP?
Point No.2:- If so, whether the complainant is
entitled for the relief’s claimed?
Point No.3:- To what Order?
7. We record our findings on the above points:
Point No.1:- In Affirmative.
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
8. From the complaint averments and affidavit evidence of the complainant, it becomes clear that on 22.01.2011 the complainant has visited OP’s Super Bazaar to make purchases and accordingly he has purchased some items and OP has issued the bill No.105 receipt No.26741, the Photo copy of the bill is marked as document No.1. While collecting the bill amount an amount of Rs.199/- has been shown towards insurance but complainant never requested for any insurance. At the time of making payments, the complainant has not noticed the said billing of Rs.199/-later he noticed the same and addressed registered letter to OP, the copy of which has been marked as document No.2. OP has not replied for the said letter. There is no merit in the contention of OP that at the request of the complainant the insurance was issued and an amount of Rs.199/- has been collected. The complainant being practicing Advocate could not have made a false claim if he had requested for insurance and paid the amount of Rs.199/- voluntarily. It appears that OP without the requests of the complainant has collected this amount of Rs.199/- towards insurance policy. The act of OP in collecting the amount of insurance without request of the complainant is nothing but unfair trade practice and deficiency in service on its part. The complainant is entitled for refund of that amount of Rs.199/-. Apart from that OP has not responded for the registered letter sent seeking for refund of that amount, the complainant was made to approach this Forum for seeking refund for that amount. An amount of Rs.2,500/- claimed towards compensation for mental agony is on higher side. Taking into consideration of all the facts and circumstances, it would meet the ends of justice by awarding compensation of Rs.1,000/-. Further, OP is liable to pay costs of the proceedings amounting to Rs.500/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant allowed in part.
OP is directed to refund an amount of Rs.199/- and pay compensation of Rs.1,000/- with litigation cost of Rs.500/- to the complainant within 4 weeks from the date of this Order.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 4th day of November-2011.)
MEMBER MEMBER PRESIDENT
Cs.
