DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.2003 of 2019

                                                Date of institution:  11.10.2019                                              Date of decision   :  13.08.2020

Nisha aged 60 years, resident of SCF 32, Phase-5, SAS Nagar (Mohali) Punjab.

…….Complainant

Versus

Brand Factory (FLFL), through its Store Manager,

Address: Cosmo Plaza, NH-22, Zirakpur, District Mohali-140603

                                                      ……..Opposite Party  

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Mrs. Natasha Chopra, Member

Present:    Shri Karamveer Singh, counsel for the complainant.

                OP Ex-parte.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under Consumer Protection Act filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short), wherein it is mentioned, that she has approached this Commission due to adoption of an unfair trade practice and deficiency in service on the part of the OP. The allegation of the complainant is that she purchased Socks of Converse Brand from the OP. It is further mentioned in the complaint that MRP of the product was Rs.199/- and discount @ 30% was provided by the OP. The price of the product after discount should have been Rs.139.30 but an amount of Rs.146/- was charged by the OP from the CC, after adding GST @ 5% i.e. Rs.6.96 on the discounted price of Rs.139.30. It is further mentioned in the complaint that when the CC enquired about the charging of GST, no clarifications were provided and rather the staff stated that it is legal to charge GST on the discounted price.

                Thus alleging unfair trade practice and deficiency in service on the part of the OP, the CC has sought the refund of Rs.6.96 charged by the OP for the GST and compensation to the tune of Rs.25,000/-. Further CC has demanded Rs.10,000/- as litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by affidavit of the CC.

2.             The OP has chosen to remain ex-parte.

3.             Today counsel for the CC has moved an application seeking permission to withdraw the present complaint on the ground that the OP has compromised the matter with the CC. He has also annexed copy of the compromise wherein the OP has offered a lump sum amount to the tune of Rs.7,000/- to the CC within 30 days and the complainant shall withdraw the present complaint. It is pertinent to mention here that there is nothing mentioned in the application whether the OP has paid the amount of Rs.7,000/- to the CC within 30 days or not.

4.             However, in view of the compromise, the present complaint is dismissed as withdrawn.  The CC is at liberty to approach this Commission if OP don’t adhere to the compromise. File be indexed and consigned to record room.

Announced

August 13, 2020

                                                                (Sanjiv Dutt Sharma)

                                                                President

(Mrs. Natasha Chopra)

Member