OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.112/13
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Sri Upendra Nath Deka - Member
Sri Ashim Roy -Complainant
S/o-Late Amar Roy
R/o House No.2
By Lane H.1,Sreebhumi Nagar,
Udalbakra, Guwahati,P.S.-Dispur
District- Kamrup (M),Assam
-vs-
1) Big Bazar, - Opp.Party
City Square 118/1
G.S.Road,Bhangagarh
Guwahati-781005,Assam
Represented by its In-charge/Manager
Appearance-
Learned advocate Mr.Amitabh Baruah amd Ms.Monalisha Dutta for the complainant.
Learned advocate Mr. Pankaj Das for opp.party
Date of argument- 27.5.2016
Date of judgment- 16.6.2016
Judgment
1) This is a case u/s 12 of Consumer Protection Act,1986.
2) The complaint filed by Mr.Ashim Roy was admitted on 29.11.2013. After receipt of the notice of this proceeding, the opp.party side filed written statement. The complainant side filed his affidavit and of one Smti Suma Saha Roy as their evidence and they were cross-examined by the opp.party sides’ Ld counsels, and the opp.party side filed affidavit of Sri Shyam Kr.Singh and he was also cross- examined by Ld counsel of the complainant. Both sides’ Ld counsels filed their respective written argument, and finally, on 27.5.2016, we heard oral argument of Ld advocates Mr.Amitabh Baruah and Ms Monalisha Dutta for the complainant and of Ld advocate, Mr.Pankaj Das for the opp.party and today we deliver the judgment which is as below-
3) The complainant’s story is that he had purchased total twenty three pieces of items on 30.10.13 for Rs.756/- from the future value retail outlet of Big Bazar (Opp.party) by making payment through his VISA Card of Axis Bank, Card No.7258 (Swipe) and Retail Invoice was issued to him bearing receipt No. 0027601 and out of those items, one packet of Knorr Mixed Vegetable Soup (cup-a-soup) of 18 gm was purchased on that day, shows that M.R.P.of the said packet was printed as Rs.12/-, Batch No. BBSO67,Pkd.dated 13.8.2013, but the opp.party sold to him the said item at a price of Rs.39/-, and thereby they committed unfair trade practice. After taking out price list from internet, he found that the actual M.R.P.of the said item is only Rs.12/-only, but the opp.party sold the said items at a high price more than 200% from the actual price (M.R.P.) and they did it for unlawfull gain, and doing that they caused loss and injury to large number of consumers including him. He, thenafter on 3.11.2013 approached the customer care cell of Big Bazar’s future value retail outlet to resolve his grievances, but they did not give any satisfactory reply and this act caused mental agony to him and therefore, he prays to direct the opp.party to pay compensation to him to the tune of Rs.3,00,000/- for causing loss and injury to him.
4) The gist of the pleading of the opp.party is that they have no comment in respect of statement of the complainant that one packet of Knorr Mixed Vegetable Soup was purchased by the complainant from the opp.party on 30.10.2013 of which MRP was Rs.12, Batch No. BBSO67,Pkd.dated 13.8.2013, but they have not sold that item at a price of Rs.39/- to the complainant. The excess billing as alleged might occurred at electronic cashiering point due to technical mismatch in data uploading, but it is not true that the complainant approached the customer care section of their organization and raised the objection. Being a large scale retail establishment across the nation and world, the incident of data mismatch occur due to system is technical error on rare occasion, and on the occasion of such unfortunate incident, the opp.party rectifies the same as soon as such error is reported to them and arranges the refund of any excess price charged. Big Bazar at Guwahati is a large scale organized retail out-let of future group of companies and is one of the most popular retail brand of India, and it never indulges in any unfair trade practice, and but for the good trade practice, it was awarded with North East Consumer Awards ,2013 hosted by Dainik Purvoday along with News Channel DY 365, Royal Group of Institutions, Apex Body of Industry and Indian Chamber of Commerce etc. The complainant never approached the opp.party to resolve the dispute on 3.11.2013 and they knew about the incident only after receiving the notice from this forum. There is no cause of action for filing the complaint and the complainant is not entitled to any compensation from them.
5) We have perused the pleading as well as evidence of the parties . We have also perused the argument of both sides’ learned counsels . After perusing the evidence of complainant witness No. 1 we have found that Ext.1 is the retail invoice bearing receipt No. 0027601 dtd. 30.10.2013 issued by Big Bazar future value retail Ltd.Guwahati on 30.10.13 which shows that complainant purchased about 23 items from the said shop; and it contained one packet Knorr Mixed Vegetable Soup, 18 gm and the price taken for it was Rs.39/-. From Ext.2 the payment slip of Axis Bank VISA Card No. 7258 (Swipe) dtd. 30.10.2013 which shows that the complainant paid RS.756/- to the opp.party by swiping the said VISA Card for purchasing 23 items including one packet of Knorr Mixed Vegetable Soup 18 gm from the opp.party outlet at Guwahati. This fact is admitted by the opp.party side and also by their witness, Opp.party witness No.1. Thus, it is established that on 30.10.13 the complainant purchased twenty three items from opp.party’s outlet at Guwahati at a price of Rs.755’75 in total and out of it one was a packet of Knorr Mixed Vegetable Soup 18 gm and price taken for that item is Rs.39/- and he paid the total amount to the opp.party through his Axis Bank VISA Card . The complainant states that the MRP of said one packet of Knorr Mixed Vegetable Soup 18 gm is only Rs.12/-. Ex 4 is the outlet leaf of price of said item which shows that in the year of 2013 MRP of said item was only Rs.12/-. This fact is admitted by opp.party, in their written statement and also by Opp.Pary witness No.1 Sri Shyam Kr.Singh in his evidence. Thus, it is crystal clear that on the date of purchasing the said item by the complainant from the opp.party its MRP was Rs.12/-only, but on that day the opp.party realised Rs.39/- as price of said item. This fact is also admitted by opp.party side. Thus, it is clearly proved that on 30.10.13 the opp.party side had realised Rs.39/- for one packet of Knorr Mixed Vegetable Soup 18 gm from the complainant while its M.R.P. was Rs.12/-only, meaning thereby, the opp.party realized Rs.27/- in excess. So, we hold that opp.party thereby committed unfair trade practice in respect of the said item.
6) The complainant in the complaint and the C.W.1 Sri Ashim Roy , in his evidence states that he approached the customer care dell of opp.party on 3.11.2013, and raised objection as to realizing Rs. 27/- as excess price of one packet of Knorr Mixed Vegetable Soup 18 gm, but he did not get any relief. This statement is supported by C.W.2 Smti Ruma Saha Roy by stating that on 3.11.2013 the complainant went to the customer care of the opp.party and objected as to taking excess price of the said item, but he did not get any relief. Thus, it is established that, on 3.11.2013, the complainant approached the customer care cell of the opp.party and raised objection as to realizing Rs.27/- in excess against one packet of Knorr Mixed Vegetable Soup 18 gm, which he had purchased on 30.10.2013, but they did not give any relief to him. Thus, it is crystal clear that by that the opp.party caused harassment to the complainant. Secondly, the very act of realizing Rs.27/- in excess of actual price Rs.12/- for one packet of Knorr Mixed Vegetable Soup 18 gm from different customers including the complainant amounts to deceive the customers of the said item. So, we are of opinion that the opp.party must be liable to pay compensation for deceiving customers including this complainant; and therefore, we, hold that the opp.party is liable to pay Rs.10,000/- as compensation for deceiving this complainant .
7) The complainant had to prosecute the opp.party for no fault of him and he had spent a good sum to prosecute the opp.party, and hence, the opp.party is liable to pay atleast Rs.10,000/- as cost of the proceeding to the complainant.
8) Because of what has been discussed as above, the complaint against the opp.party is allowed with contest and the opp.party (Big Bazar,G.S.Road, Bhangagorh, Guwahati) is directed to refund Rs.27/- (Rupees twenty seven) to the complainant, which they had realised in excess of M.R.P. against one packet of Knorr Mixed Vegetable Soup 18 gm, and also to pay him Rs.10,000/-(Rupees ten thousand) as compensation for deceiving him and for put him in mental agony as well causing harassment to him and also to pay Rs.10,000/- to him as cost of the proceeding. They are to pay the awarded amount within two months, in default of which it will carry interest at the rate of 12% p.a.
Given under our hands and seal of this forum on this day 16th Jun,2016.
Free copies of judgment be delivered to the parties.
(Md.S.Hussain)
President
(Mr.U.N.Deka)
Member
