BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE: 16^th July 2015         

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member 

Complaint No.: 122/2015  

Complainant/s:

Shridhar S.Hiremath,

Age: 32 years, Occ: Business, R/o.C/o. Mallikarjunayya Hiremath, H.No.209 BF1 Siddeshwar Nilaya, Santiniketan Colony, Bairidevarakoppa, Hubballi 580025.

(In Person)

v/s

Respondent/s:

        Big Bazar, Gokul Road, Hubli

                                (In Person)

O R D E R

By: Shri. B.H.Shreeharsha : President.

1.     The complainant has filed this complaint claiming for a direction to the respondents to pay coupon value for rupees as mentioned in the pamphlet (for Rs.8100/-) in all towards old newspaper, old cloths and old electronic items.

Brief facts of the case are as under:

2.     The case of the complainant is that, as per the offer displayed by the respondent on 18.03.2015 at 5 PM the complainant visited respondents shop and opt for great exchange offer by delivering old newspaper weighting 23 kgs., old cloths weighed 2 kg., and electronic items weighting 9 kgs. As per the pamphlet printed and displayed by the respondent in an exchange offer it is offered to buy old newspaper at Rs.50/- per kg., old cloths at Rs.300/- per kg and old electronic materials for Rs.1,000/- per kg. Accordingly the respondent received 23 Kgs., of old newspaper, 2 kgs., of old cloths and 9 kgs., of old electronic appliances on 18.03.2015 and issued weight measurement coupon by quoting the same rate as per the pamphlet but while for the old electronic materials against Rs.1000/- quoted only Rs.100/- per kg., & issued weight measurement coupon only for Rs.2650/- in all, which is against to the publication and as such the respondent has committed deficiency in service and also played unfair trade practice. Aggrieved by the same the complainant lodged complaint before jurisdictional police. In turn police except giving endorsement did not registered any case against the respondent, instead advised the complainant to approach court saying that the matter involved is civil in nature. Hence, the complainant filed the instant complaint praying for the relief as sought.

3.     In response to the notice issued from this Forum the respondent appeared and filed the written version in detail denying and disputing the complaint averments and prays for dismissal of the complaint submitting that the respondent has  not committed any deficiency in service, & has acted in accordance with the terms and conditions. Including the complainant to all the consumers the respondent has clearly notified and explained the terms and conditions of the scheme only upon satisfied by the terms and conditions the consumers are participating the scheme voluntarily, there is no force and mandatory to any consumer to approach the respondent and to participate in the scheme. Accordingly even complainant was also clearly explained with the terms and conditions of the scheme. Inspite of it the complainant shown his willingness and participated in the scheme. As per the material delivered by complainant the same were weighed in the counter and accordingly weights and measurement coupons was issued. Inspite of the complainant in order to harass the respondent and to have unjust benefits filed the instant complaint. Even now the respondent is ready to return the materials he delivered as the schedule has been closed. The scheme has been opened for a specific period. Those facts are well known by the complainant as the complainant is an educated person. Even then he filed this instant complaint. There is no cause of action for the same and prays for dismissal of the complaint.

4.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondent ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

Both have admits evidence affidavit. Complainant relied on documents.  Heard. Perused the records.

Finding on points is as under.

1. Affirmatively 
2. Accordingly 
3.  As per order

Reasons

Points 1 and 2

5.     On going through the document Ex.C3 it is evident that the complainant approached the respondent and participated in the scheme. Further perusal of the Ex.C3 category column the complainant had delivered old newspaper, old cloths and old electronic appliances. While the respondent quoted the same rate to the items as displayed in the pamphlet Ex.C4, except to the old electronic items. For the old electronic appliances items for Rs.1000/- the respondent quoted Rs.100/- per kg. This fact is in dispute. For this the respondent contended & argued that they have charged the rates as per the terms and conditions of the scheme the “great exchange”. On perusal of Ex.C3 on its rear side, there are 19 terms and conditions, particularly condition.3, 12 and 14 are very specifically mentioned. Under those circumstances the complainant cannot insist the respondent to pay as per the amount displayed in the pamphlets on the front side of the Ex.C4. Further the respondent argued that those rates on the face of the Ex.C4 is only in case the items having resale value otherwise the respondents have every discretionary to decide and quote the rates if the party/customer/ consumer does not wish to sale the items for the rate which is fixed by the respondent there is no force, they can take back the items if they not desired or satisfied with the quoted rate. Even then the complainant approached the police and also approached this Forum with the false allegations except to harass the respondent. Further the respondents also argued, those items were with the respondents, even several requests were made on the date of delivery the complainant did not prepared to receive back, those items are kept separately and are with the respondent, even now they are ready to return and also submitted they have acted in accordance with the scheme and at any stretch they have not forced or harassed the complainant and so also they have not committed any deficiency in service nor unfair trade practice as alleged by the complainant. On going through the pleadings and evidence of both the parties this is of peculiar of the circumstances. Exact position of the behavioral attitude and acts of the parties are not comingforth. That apart this is not only a scheme of purchase of old materials. At the same time the respondent for the value of Ex.C3 they will issue purchase coupon. The consumer/participant has to purchase new items whichever they like and available in the respondent Bazar at that time and for those items rebate will be given on the count of Ex.C3. As per the admission of both the parties at present the scheme is not in existence, it is only for a specific period commencing from 11^th February to 28^th March of the relevant years. Hence, it is not proper to direct the respondent to issue coupon for the items morefully mentioned in the Ex.C3 and to deliver the items whichever liked and desired by the complainant to purchase from the respondents at present as there is no offer at present. So also if the scheme is analised in heirline in consonance with the terms and conditions of the scheme printed on rear side of Ex.C3 and 4 the respondents have reserved every right to decide the price of the old items at their discretion in accordance with the terms and conditions. But at the time of weighing the material the respondent should have told the old materials were not in resale conditions and not of worth of the value quoted in the pamphlet. But in the instant case the respondent have accepted material and noted the same in Ex.C3 and have charged Rs.100/- per kg., against the Rs.1000/- have committed deficiency in service and unfair trade practice to this extent. While complainant admits the rate with regard to item old papers and old cloth item the respondent has properly charged as per Ex.C4. Since the scheme has been closed now and also in order to avoid further litigations between the parties it is not proper to direct the respondent to issue coupon for t hose items and to purchase new items by the complainant at respondent shop. Instead, if it is ordered to return the items to the complainant with expenses incurred by the complainant it will suffice the purpose as this be a season offer scheme of peculiar circumstances case as discussed supra.

6.     In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmative and accordingly.

7.     Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

Order

        The complaint is partly allowed. Respondent is directed to return all the items received by the complainant with gross amount Rs.1,500/- towards the conveyance charges and cost of the proceedings within 30 days from the date of receipt of copy of this order. Failing to comply the same, the said amount shall carry interest @9% P.A. from thereon till realization.   U/s.14 (1) of CP Act 1986 the respondent is herewith warned not to repeat hereinafter and commits such unfair trade practice as observations made.

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 16^th day of July 2015)

(Smt.M.Vijayalaxmi)                                      (Sri.B.H.Shreeharsha)

Member                                                President

Dist.Consumer Forum                                    Dist.Consumer Forum

MSR