DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Complaint No.     629   of 2016

Dated of institute 26.09.2016

Decided On           20.12.2017

Raman Bansal S/o Sh. Ravinder Kumar R/o H.No. 366, Huda Plot, Sector 19, Panchkula.

Complainant………

Vs

1.Black Apparels India Limited, through its Managing Director/Store Manager, B.O. Shop No. 10, Ground Floor, Paras Down Town Square, Zirakpur.

2.Black Apparels India Limited, through its Managing Director, Plot No.89, Industrial Area, Phase-II, Chandigarh.  (Address as given in application dated 16.02.2017)

Opposite Parties…..

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:      Sh. G.K. Dhir, President,

                   Ms. Natasha Chopra, Member

Present:-      Sh. Ankit Gupta, cl for the complainant.

                   OPs ex-parte.

Order by :-  Sh. G.K. Dhir, President.

Order

                     Complainant purchased jeans for a sum of Rs.1,999/- vide bill no. BAZ 25761 dated 14.08.2016 from the OPs, who offered a flat 50% discount thereon. After discount, VAT  amount of Rs. 120.94 was charged @ 6.05 % on discounted MRP. That practice of charging VAT on the discounted MRP is alleged to be unfair trade practice and as such  this complaint  filed after serving legal notice through counsel by registered post dated 05.09.2016 for refund of excess charged VAT amount of Rs. 120.94 along with compensation for deficiency in service and unfair trade practice of Rs. 50,000/-,  but for harassment of                Rs. 25,000/- and litigation expenses of Rs. 15,000/- with interest @ 24% P.A on delayed  settlement of claim.

2.          OPs are ex-parte in this case.

3.         To prove his case, counsel for the complainant tendered in evidence affidavit of the complainant Ex CW1/1 along with documents Ex C-1 to Ex C-3 and thereafter closed the ex-parte evidence.

4.        Written arguments not filed by the complainant. Oral arguments heard and records gone through.

5.         Perusal of the invoice Ex C-1 reveals that total price of the purchased jeans was Rs. 3,998/-and after giving discount of Rs. 1,999/-,  VAT amount of Rs.120.94 was  charged on these products sold to the complainant by OP No.1 on 14.08.2016. Despite issuance of the legal notice  Ex C-2 through registered post, refund of the excess charged VAT amount of Rs. 120.94  was not done by the OPs. As such certainly the OPs charged the excess amount, which certainly is an act of unfair trade practice. If the MRP includes taxes, then certainly charging of VAT amount of  Rs. 120.94 after discount of 50% on MRP is illegal and the same is unfair trade practice. So certainly the complainant is entitled for refund of the excess charged amount of Rs. 120.94 along with interest @ 6% P.A. w.e.f. the date of payment i.e. 14.08.2016 through invoice Ex C-1. The complainant is also entitled to compensation for mental harassment and litigation expenses because refund was not done by the OPs despite issuance of legal notice.

6.             As a sequel of above discussion, the complaint is allowed in terms  that the OPs will refund the excess charged amount of Rs. 120.84 along with interest @ 6% P.A w.e.f 14.08.2016 till realization. Compensation for harassment of Rs.2,000/- and litigation expenses  of Rs. 2,000/- more allowed in favour of the complainant and against the OPs. Payment of these amounts will be made within 30 days from the date of receipt of  certified copy of the order. Certified copy of the order be supplied to the parties free of cost and thereafter the file be consigned to the record room.           

        Announced

       December 20, 2017

                                                                            (G.K. Dhir)

                                                                            President

                                                                            (Ms. Natasha Chopra)

                                                                            Member