Orissa

Cuttak

CC/80/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Bikash Senapati - Opp.Party(s)

Self

12 Jul 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.80/2023

          Dr. Sunil Kumar Rath,

           S/O: Simanchal Rath,Plot No.3C/876,

           Sector-10,CDA,Cuttack-753014.                                 ... Complainant.

 

          Vrs.

 

           Bikash Senapati,

C/o. Senapati Traders,

Jarangloi,Baragaon,

Sundargarh-770016.                                                       ....Opp. Party.                                   

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:   16.03.2023

Date of Order:  12.07.2023

 

For the complainant:                   Self.

For the O.P                :                  None.              

                       

Sri Debasish Nayak,President.

                      Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that he had purchased a sprite bottle of 600 ml. contents on 26.12.2022 from the O.P by paying a cash of Rs.45/- though the MRP printed on the said bottle was of Rs.40/-.  When the complainant demanded money receipt from the O.P, the O.P hesitated for which the complainant had drawn the attention of the concerned Civil Supplies Officer there at Sundargarh.  The complainant was asked to return the extra amount of money but the O.P had not obeyed for which legal notice was served to the O.P on 26.12.2022 and thereafter, the complainant has filed this case demanding refund from the O.P the cost of Rs.45/- as paid by him together with compensation of Rs.50,000/- towards his mental agony and litigation cost.

          The complainant has filed copies of several documents alongwith his complaint petition in order to prove his case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dt.27.4.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if  the O.P has practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

 Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the copies of several documents as annexed to the complaint petition, it is noticed that infact the complainant had purchased a sprite bottle of 600 ml. content on 26.12.2022 from the O.P by paying a sum of Rs.45/- whereas the MRP printed over the said bottle was of Rs.40/-.  The O.P has not contested this case nor he had filed any written version.  Thus, it is crystal clear that infact the O.P by charging excess amount of money of Rs.5/- from the complainant without any justification is definitely found to be deficient in his service and has also practised unfair trade.  Accordingly, this issue goes against the O.P.

Points no.i & iii.

From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.P.  The O.P is directed to refund the excess amount of Rs.5/- to the complainant.  The O.P is also directed to pay the complainant a sum of Rs.25,000/- towards compensation for his mental agony and harassment alongwith litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 12^th day of   July,2023 under the seal and signature of this Commission.

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

                                                                                                              

                                                                                                                        Sri Sibananda Mohanty

                                                                                                                                     Member