DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 395 dated 18.06.2018.
Date of decision: 25.09.2018.
Gagandeep Singh S/o. Anil Kumar, R/o. House No.2269, Sector 23C, Chandigarh. ..…Complainant
Versus
Firstcry.com Mahindra Retail Private Limited, 107/1A, Mall Road beside Surya Tower, Ludhiana-141001 Punjab through its Manager or authorized representative. …..Opposite party
Complaint under Section 12 of Consumer Protection Act.
QUORUM:
SH. G.K. DHIR, PRESIDENT
SH. VINOD GULATI, MEMBER
COUNSEL FOR THE COMPLAINANT:
For complainant : Sh. Harpreet Saini, Advocate.
For OP. : Exparte.
ORDER
PER VINOD GULATI, MEMBER
1. Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by complainant by pleading that he purchased product having MRP of Rs.249/- by paying price of Rs.224/- including GST @12% of amount of Rs.24/-. MRP of Rs.249/- was inclusive of all taxes, but despite that GST charged extra which is alleged to be an unfair trade practice and that is why this complaint for seeking refund of extra charged GST amount of Rs.24/- with compensation for mental harassment of Rs.20,000/-, but litigation expenses of Rs.10,000/- .
2. OP exparte in this case.
3. Counsel for complainant tendered in evidence his affidavit Ex. CA along with documents Ex. C1 and Ex. C2 and thereafter, closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through carefully.
5. Perusal of copy of tag Ex. C2 shows that MRP of purchased product by the complainant was Rs.249/- (inclusive of all taxes). However, while preparing invoice Ex. C1, CGST of Rs.12/- and SGCT of Rs.12/- i.e. Rs.24/- was charged even on the discounted price of Rs.200/-. Discount of Rs.49/- was given is a fact borne from invoice Ex. C1. Act of charging GST on discounted price of product having MRP inclusive of all taxes is an unfair trade practice and as such, certainly OP adopted unfair trade practice in charging GST on the discounted price. That practice of charging extra GST on discounted price certainly is an 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.347 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. In view of adoption of this unfair trade practice, certainly complainant suffered somewhat mental harassment and agony and as such, he is entitled to reasonable compensation for mental harassment and agony along with litigation expenses, particularly when OP has not come to contest.
6 As a sequel of above discussion, complaint allowed exparte by directing OP to refund the excess received amount of Rs.24/- with interest @6% per annum w.e.f. 12.02.2018 till payment. Compensation for mental harassment and agony of Rs.2,000/- (Rupees Two Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Gulati) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:25.09.2018.
Gobind Ram.
