Orissa

Cuttak

CC/23/2024

Pramod Kumar Behera - Complainant(s)

Versus

Branch Manager,Reliance Smart Point - Opp.Party(s)

B K Sinha & associates

31 Jul 2024

ORDER

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

C.C.No.23/2024

Pramod Ku. Behera,

S/o: Goverdhan Behera,

                  At-Damodarpur,Dist:Cuttack,

                    Pin-754203                                                              ...Complainant

 

          Vrs.

 

 

1.       The Branch Manager,

Reliance Smart Point,

At:Chandradeipur,near Madhu Mandap,

                   P.O/P.S:Salipur,Dist:Cuttack,

                    Pin-754202

 

2.       The Regional Manager,

Reliance Smart Point,

Kharvela Nagar,Mastercanteen Square,

                  Bhubaneswar,Dist:Cuttack,

                   Pin-753012

 

3.       The Managing Director, Reliance Smart,

Reliance Industries Ltd., Maker Chamber iv,

Nariman Point, Mumbai-400027,

                   Maharastra.                                                                          ...Opp.Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    24.01.2024

Date of Order:  31.07.2024

 

For the complainant:            Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps              :            Mr. P.Pattnaik,Adv. & Associates.

 

             Sri Debasish Nayak,President          

Case of the complainants as made out from the complaint petition in short is that on 17.11.2023 he had gone to the shop of O.P no.1 and had purchased certain consumable items there worth of Rs.1326.34p which he had paid to O.P no.1 through his PhonePe account and accordingly O.P no.1 had issued tax invoice to him.  Later, on verification the complainant could notice that one of his purchased items from the shop of O.P no.1, which is 1 kg. of surf excel easy wash with Tax Invoice No.U1PU10623529949 dated 17.11.2023, it  reflected it’s price of Rs.131.32p whereas the MRP as reflected on the wrapper of the said surf excel easy wash  printed to be of Rs.130/- only.  The complainant could know that the O.P no.1 had taken an excess amount of Re.1.32p more than the MRP price as printed on the wrapper.  He had contacted the O.Ps for the said issue on several occasions but no fruitful result had yielded for which he had sent a legal notice to them in that context. Ultimately, he has filed his case before this Commission seeking refund of the price of Rs.131.32p as paid by him for the said product of surf excel easy wash.    He has also claimed compensation from the O.Ps to the tune of Rs.1,25,000/- towards his mental agony and harassment and further an amount of Rs.70,000/- towards his litigation expenses.

Together with the complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       The O.Ps have contested this case and have filed their joint written version wherein they have stated that the complainant has filed a petition which is false,untrue and incorrect to which they dispute and controvert also.  According to them, though the complainant says that he had purchased materials worth of Rs.1326.34p on 17.11.23 from O.P no.1, they have denied to have taken any such excess amount of Re.1.32p against the printed MRP of the surf excel easy wash which reflects the printing to be of Rs.130/-.  The O.Ps have stated that though the surf excel easy wash packet shows MRP to be printed as Rs.130/- whose photo copy has been submitted by the complainant of this case,  they have denied to have ever sold the said product through invoice no. U1PU10623529949 to the complainant.  Thus, according to them, the complaint petition as filed by the complainant being devoid of any merit is liable to be dismissed with cost.

          The O.Ps have subsequently produced a photo copy of their declaration showing that on 17.11.23, the MRP of surf excel easy wash of 1 kg. was of Rs.134/- upon which discount was offered that day, to be of Rs.2.68p. Thus net sale price on that day of the said product was of Rs.131.32p.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

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

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

 

Issue no.I.

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

On perusal of the complaint petition, written version, written notes of submission as filed from both the sides as well as the copies of documents available in the case record, it is noticed that as per Annexure-2, as produced by the complainant alongwith his complaint petition, which is a bill-cum-receipt of the shop of the O.Ps;  it reflects that the price of the surf excel easy wash of 1kg was of Rs.131.32p which was also charged from the customer on 17.11.23.  Annexure-3 the photo copy of the wrapper of the surf excel easy wash as submitted by the complainant reflects the MRP of the said product to be of Rs.130/-. The O.Ps vehemently have  disputed the photo copy of the wrapper of the surf excel easy wash as submitted by the complainant by urging that they had not sold the same to the complainant.  Rather they had urged through photo copy of their declaration dated 21.5.2024 as made at Salipur that the MRP of surf excel easy wash of 1 kg. on 17.11.23 was Rs.134/- and discount was offered to the said product that day to the tune of Rs.2.68p.  Thus, according to them, the net sale price of the said surf excel easy wash of 1kg that day was of Rs.131.32p.

          Be that as it may, if at all the price of the surf excel easy wash on 17.11.2023 at the shop of the O.Ps was of Rs.134/- and discount was offered thereon to the tune of Rs.2.68p, the same quite strangely do not find place in their money receipt-cum-bill whose copy has been  annexed by the complainant vide Annexure-2.  Moreso, the O.Ps have not disputed the said copy of the  bill or money receipt as filed by the complainant.  That apart, the O.Ps have not elucidated any evidence to that effect that if for any previous grudge or rivalry with the complainant, the complainant has come up with such foul-play by submitting a photo copy of the surf excel easy wash wrapper which he had collected from any other shop than that of the shop of the O.Ps.  In absence of any such animosity, there is no reason to disbelieve the complainant here in this case as alleged by the O.Ps.  Thus, after careful consideration of the facts and circumstances of this case, this Commission arrives at an irresistible conclusion that infact the O.Ps had sold the said surf excel easy wash of 1 kg. to the complainant of this case on 17.11.23 for Rs.131.32p and had thereby collected from him an excess amount of Re.1.32p since because the MRP of the wrapper of the said product reflected the price to be of Rs.130/-.  This act of the O.Ps clearly indicates their practice of unfair trade as well as deficiency in their service. Hence, this issue goes in favour of the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is definitely maintainable and he is thus entitled to the reliefs as claimed by him from the O.Ps here in this case.  Hence it is so ordered;

ORDER

The case is decreed on contest against the O.Ps  who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to deposit a sum of Rs.1,00,000/- as fine in the Govt. Welfare fund for such unfair trade practice by them.  The O.Ps are further directed to refund the complainant the excess amount of the surf excel easy wash which is  Re.1.32p with immediate effect.  The O.Ps are also directed to pay the complainant an amount of Rs.30,000/- as compensation for his mental agony and harassment as well as to pay a further sum of Rs.30,000/- towards the cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on this the 31^st day of July,2024 under the seal and signature of this Commission.         

                                                                                      

                                                                                      Sri Debasish Nayak

                                                                                              President

 

                                                                                          Sri Sibananda Mohanty

                                                                                                      Member