DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.1096 of 2017
Date of institution: 22.12.2017 Date of decision : 07.06.2018
Gaurav Goyal resident of 104, GH-8, Sector 20, Panchkula, Haryana.
…….Complainant
Vs
Chawla Fashions, Shop No.11, Ground Floor, Paras Downtown Square Mall, Ground Floor, Zirakpur through its Store Manager.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member.
Present: Shri Puneet Tuli, counsel for complainant.
Shri Arjun Sharma, counsel for the OP.
Order by :- Shri G.K. Dhir, President.
Order
Complainant on 14.03.2017 visited outlet of OP for purchase of product having MRP of Rs.799/- inclusive of all taxes. After discount of 30%, payable price was of Rs.559/-, but amount of Rs.33.82 N.P. charged as VAT by adopting unfair trade practice and that why this complaint for seeking refund of Rs.33.82 N.P. with interest @ 18% per annum from the date of payment namely 14.03.2017 till actual payment. Compensation for mental harassment of Rs.30,000/- and litigation expenses of Rs.15,000/- more claimed.
2. On notice, OP appeared through counsel Shri Arjun Sharma, Advocate who suffered statement to the effect that OP do not want to contest the complaint and as such complaint may be disposed of after going through documents already placed on record.
3. In view of this recorded statement, oral submissions heard and documents available on record perused.
4. Annexure C-1 is tag of the product in question showing as if MRP is of Rs.799/- inclusive of all taxes. Discount of Rs.240/- given on the MRP is a fact borne from copy of invoice Annexure C-2. On the discounted price of Rs.559/- VAT amount of Rs.33.82 N.P. has been charged as per invoice Annexure C-2. practice of charging extra VAT on the discounted price certainly is unfair trade practice because the same has been deprecated by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as M/s Aero Club (Wood Land) through its Manager Vs. Rakesh Sharma bearing Revision Petition No.3477 of 2016 decided on 04.01.2017 as well as in case bearing First Appeal No.136 of 2017 titled as M/s Aero Club Vs. Ravinder Singh Dhanju decided on 23.05.2017 by Hon’ble State Consumer Disputes Redressal Commission, UT Chandigarh. Ratio of both these cases fully applicable to the facts of the present case. So certainly complainant entitled for refund of excess charged amount with interest @ 6% per annum from the date of purchase till payment. Complainant suffered mental agony and harassment and even has to bear litigation expenses for filing this complaint and as such he is entitled for the same. However, keeping in view the fact that OP has not contested the complaint, but surrendered by claiming that complaint may be disposed of after perusing the documents available on record, it is fit and appropriate to allow compensation for mental harassment and agony of Rs.1,500/- and litigation expenses of Rs.1,500/- more.
5. As a sequel of above discussion, complaint allowed with direction to OP to refund excess charged amount of Rs.33.82 N.P. with interest @ 6% per annum w.e.f. 14.03.2017 till payment. Compensation for mental agony and harassment of Rs.1,500/- and litigation expenses of Rs.1,500/- more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
June 07, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
