DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 406 of 30.9.2019

                                      Decided on:   4.1.2023

Vineet Sehgal S/o Baldev Krishan Sehgal R/o # 559, St.No.5, Guru Nanak Nagar, Patiala, District Patiala.

                                                                   …………...Complainant

                                      Versus

Easy Day Club through its General Manager,601,Tafazalpura, Gurbaksh Colony, near St.5,Patiala District Patiala 147001.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY              

                                      Sh.Dixit Raj Kapoor, counsel for complainant.

                                       Sh.M.P.S.Sahi, counsel for OP                                     

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Vineet Sehgal s/o Sh.Baldev Krishan Sehgal (hereinafter referred to as the complainant) against Easy Day Club (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred that on 5.9.2019 the complainant purchased certain grocery items including Trust Sugar Cubes 500gm also with the MRP of which was Rs.62/- It  is further averred that the OP after applying Rs.6/-as discount on the said item charged Rs.62/- instead of Rs.56/- having charged Rs.6/- in excess from the complainant.The complainant requested the OP to correct the bill but the cashier of the OP refused to do so which caused mental agony and harassment to the complainant. There is thus deficiency in service and unfair trade practice on the part of the OP. Consequently, prayer has thus been made for the acceptance of the complaint.
3. Upon notice, OP appeared through counsel and filed the written statement taking various preliminary objections.
4. On merits, it is submitted that prices of goods are fed in computer system which are scanned at the time of billing vide their bar code And if any mistake occurs due to some technical problem, the OP correct the same when it comes to their notice. It is further submitted that in the matter in hand there was no discount on that pack but as the computer scanner was showing discount, so the product was sold after correcting the entry. There is no deficiency in service or unfair trade practice on the part of the OP.After denying all other averments made in the complaint, the OP has prayed for the dismissal of the complaint.
5. In order to prove his case, the complainant through his counsel has tendered in evidence Ex.CA his affidavit, alongwith documents,Ex.C1 copy of bill dated 5.9.2019,Ex.C2 original box of Trust Sugar Cubes mentioning MRP, Ex.C3 copy of legal notice, Ex.C4 postal receipt and closed the evidence.
6. In rebuttal ld counsel for the OP has tendered in evidence Ex.OPA affidavit of Simrandeep Singh, Team Member, Easy Day Club alongwith document,Ex.OP1 copy  of authority letter and closed the evidence.
7. Here it is pertinent to mention that at the time of arguments, ld. counsel for the OP plead no instruction from the OP as the company has been declared as Bankrupt.We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
8. The only grouse of the complainant is that the OP despite giving discount of Rs.6/- on the Trust Sugar Cubes charged MRP of Rs.62/- instead of Rs.56/- from him.
9. From the perusal of the record it is evidence that complainant purchased Trust Sugar Cubes mentioning Rs.6/- as discount on the MRP of 62/- vide retail invoice Ex.C1. The complainant also furnished on record empty original box of Trust Sugar Cubes Ex.C2 showing the MRP of Rs.62/-. The plea of the OP that there was no discount on the packet in dispute is not acceptable. Furthermore, the cashier while selling the product did not heed to the objections of the complainant regarding excess charging .
10.  In stores like Easy Day from where the complainant had purchased the product, the products are codified with product name/batch number and are then scanned at the time of sale of the product. The price of the product is then charged automatically by the system which has been already fed into it. It is surprising to note that discount of Rs.6/- has been shown on MRP of Rs.62/- but even after giving a discount, an amount of Rs.62/- has been charged from the complainant leading to overcharging  not only from the complainant but all other consumers who had brought this product, which is unfair trade practice.
11. Due to the above circumstances, the complainant had to suffer harassment and mental agony. The complaint is accordingly allowed and the OP is directed to refund Rs.6/- charged in excess and also to pay compensation of Rs.5000/-to the complainant. Compliance of the order be made within a period of 30 days from the receipt of the certified copy of this order.            
12.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                                  G.S.Nagi                       S.K.AGGARWAL

                                                  Member                      President