DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Complaint No. CC/15/237 of 12.10.2015

                                      Decided on:        29.3.2016

Deepak Gupta son of Rajinder Kumar r/o # 2 Guru Gobind Singh Road Behind Division No.2, Patiala.

                                                                   …………...Complainant

                                      Versus

1.      Easy Day, Bharti retail Ltd., Omaxe Mall, Mal l Road, Patiala, through its Manager.

2.      Easy Day Regd. Office Bharti Crescent, 1 Nelson Mandela Road, Vasant Kunj. Phase-II, New Delhi-110070 through its Director.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh. A.P.S.Rajput, President

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

Present:

For the complainant:      Sh.Puneet Jain , Advocate

For Ops:                          Sh.Dhiraj Puri,Advocate            

                                         ORDER

NEELAM GUPTA, MEMBER

1. The complainant purchased 19 items from Op no.1 vide invoice dated 10.10.2015 and out of 19 items , one item was Britania Nutri Oats Biscuits of 75gms for Rs.50/-. It is averred that after coming home, the complainant  noticed that the MRP of Britania Nutri Oats Biscuits was mentioned on the packet as Rs.30/-.Lot No.A061586218A, manufacturing date 10.6.2015.Thus Op charged Rs.20/- more than the MRP mentioned on the product, which amounted to unfair trade practice on the part of the OP.It is further averred that the complainant approached Op no.1 and requested it to pay back the extra amount i.e. Rs.20/- charged by it but Op refused to do the needful.The complainant underwent a lot of harassment and mental agony. Ultimately the complainant approached this Forum under Section 12 of the Consumer Protection Act  ( for short the Act) .
2. On notice Ops appeared through counsel and filed their reply to the complaint.It is an admitted that the complainant had purchased 19 items from the store of Op no.1 on 10.10.2015 and out of 19 items , one items was Britania Oats Biscuits of 75gms for Rs.50/- whereas the price of the same was mentioned on the product as Rs.30/-.
3. Ops have denied the fact that the complainant approached OP no.1 and requested it to pay back the extra amount of Rs.20/-. It is further submitted that all the goods kept in the store are displayed on their counters and price of every product is systematically entered into the computers and the computer picks universal product code (i.e. U.P.C.) which remains the same on all the MRPs of the product, whether it is new or old and on that day the computer depicted Rs.50/- as the MRP of Britania Nutri Oats Biscuits.As such no unfair trade practice can be attributed on the part of the Ops. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
4. In support of his case, the complainant produced in evidence Ex.CA his sworn affidavit alongwith documents Exs.C1 to C5 and closed the evidence.
5. On the other hand, counsel for the Ops tendered in evidence Ex.OPA, sworn affidavit of Sh.Devinder Singh, Deputy Manager, Easy Day alongwith document Ex.OP1 and closed the evidence.
6. The complainant filed the written arguments. We have examined the same, heard the learned counsel for the parties and gone through the evidence on record.
7. Ex.C1 is the copy of the invoice, whereby the complainant purchased 19 items from Op no.1 on 10.10.2015 and in which the price of the Britania Nutri Oats Biscuits is mentioned as Rs.50/-.Ex.C2 is the photo click of the product  in question, wherein the price of the product is mentioned as Rs.30/- which shows that the Op charged Rs.20/- more than the MRP of the product. A consumer has to be charged the price as printed on the product. Charging a consumer more than the MRP printed on the product amounts to unfair trade practice on its part.
8. In view of the aforesaid discussion, we accept the complaint with a direction to the Op to refund Rs.20/- charged in excess from the complainant and further to pay a sum of Rs.16000/-by way of punitive damages , out of which Rs.6000/-will be paid to the complainant and the same is inclusive of the costs of the complaint and the remaining Rs.10,000/-will be deposited in the consumer welfare fund of the Forum. Order be complied by the Ops within 45 days on the receipt of the certified copy of the order.

Pronounced

Dated: 29.3.2016

               Sonia Bansal           Neelam Gupta                        A.P.S.Rajput

        Member                Member                                  President