DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 41 OF 2021
Amiya Udaya Prabin kumar Mahanta.
S/O-Dambaru Dhara Mahanta
At-Kumulabahali,Po-Poipani,
P.S-Sadar,Via-Dhenkikote,Dist-Keonjhar,
Pin-758029…………………………………….………Complainant
Versus
1.Big Bazar(Future Retail Ltd),
BB-Keonjhar-Ktm Mall,Kashiv Mall,Mining Road,Keonjhar,758001
2.East Zone(Future Retal Office),03-097 Fourth floor,
Block No-Bg,Plot No.5,Action Area-1b,
Block By Block shopping Mall,P.O-New Town
(Near India Oil petrol pump) Kolkata-700156
3.Future Retail Office
Knowledge House,Shyam Nagar,
Off jogeshwari-Vikhroli link road,jogeshwari(East),Mumbai-400060
4.Executive Officer,Keonjharagarh municipality,
Keonjhar 758001……………………….… Opp.Parties
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant- Self
Advocate for Op1, Op2 & Op3 - Set Exparte
Advocate for Op4-S.N Mahanta& associates
Date of Filing - 26.10.2021 Date of Order- 10.08.2022
B.B Das (Member)
The complainant case in short is that on 21.10.2021 he purchased some articles along with Everest sabji Masala of 50 gm from Big bazar (Future Retail Ltd) at mining Road,Keonjhar and obtained invoice No- 2902003000428241 in respect of his purchase articles. The MRP of said Everest Sabji Masala is Rs. 30/-as found on the packet but the concerned sales man billed a sum of Rs. 37/-against such product. In spite of demand to return, the excess paid amount of product none paid any heed to it. However, the complainant filed this case seeking relief of payment Rs 50,000/-towards harassment and Rs 50,000/- towards mental agony and Rs. 10,000/- towards cost of litigation.
Except Op No4 all others Ops in this case are set-exparte. The Op No-4 Executive Officer, Keonjhargarh Municipality filed written version stating there in that complainant is not a consumer of Op No-4 and as such, he may be exempted from the proceeding. Since the Op No 4 is no way concerned the buying and selling of products, he is no way liable in this case under the provision of consumer Protection Act.
The complainant relies upon the following documents-
1.Purchase if invoice copy
2.Photocopy of Everest Sabji Masala
3.Everest Sabji Masala
After hearing the parties with reference to document filed by the complainant it is crystal clear that the complainant is a consumer of Op No 1 who purchased the Everest Sabji Masala and paid a sum of Rs 37/- against such product. The MRP of Rs 30/- is the actual price of product as reflected in the Everest Sabji Masala packet. The Op No 1 did not return the excess paid amount though demanded by the complainant. Such act of Op No 1 is definite caused harassment to the complainant and unfair trade practice.
ORDER
Op1,Op2 & Op3 are directed to pay the excess amount of Rs. 7/- to the complainant and a sum of Rs 20,000/-is to be paid to the complainant towards harassment & litigation charges. The Op -1, Op-2 & OP-3 are further directed not to commit such wrong/ loss to the consumer in future. If failed the complainant is at liberty to realize to entire amount i.e Rs 7/- + Rs 20,000/- as interest of @6/ P.A from the date of filing of this case till final realization.
The order pronounced in open Commission today i.e on 10th August 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 10.08.2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri B. B. Das)
Member
DCDRC,Keonjhar
