Punjab

Ludhiana

CC/15/355

Nitish Jindal - Complainant(s)

Versus

Freends beleibo Pvt.Ltd - Opp.Party(s)

compl.in person

07 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA. 

                                                                                                 CC No. 355/3.6.2015

                                                                                                 Decided on : 7.12.2015

 

Nitish Jindal aged about 23 years son of Sh. Rakesh Jindal, resident of H.No. 765, Sector 39, Chandigarh Road, Ludhiana.

                                                                                               … Complainant

                                         Versus

 

The Manging Director, Friends Belcibo Pvt. Limited, Canal Road, Ludhiana.

 

                                                                                                 … Opposite Party

 

          Complaint u/S 12 of the Consumer Protection Act, 1986.

 

            Quorum: Sh. G.K. Dhir, President,

                              Sh. S.P. Garg, Member.

 

            Present:   Complainant in person.

                              Opposite Party  Ex-parte.       

ORDER:

(Per G.K. Dhir, President)           

1. Complainant claimed to have purchased one water bottle from the restaurant of the opposite party on 12.4.2015 vide bill No. 00000000175 on payment of Rs. 138/-.  This amount was charged by the OP despite the fact that maximum retail price is Rs. 50/-. Rs. 125/- charged unlawfully as the price and Rs. 6/- as service charge and Rs. 6.92 N.P. as service tax.  When complainant asked the cashier of the restaurant regarding the said illegality, then complainant was threatened with dire consequences by proclaiming that complainant can do whatever he like. It is claimed that complainant was insulted in the presence of several customers present there. Compensation of Rs. 50,000/- and  litigation expenses of Rs. 20,000/- claimed. Legal notice dated 13.4.2015 was served by complainant through counsel.
2. Notice of the complaint was issued to the opposite party, but none appeared despite service and as such, OP was proceeded against ex-parte.
3. Complainant in ex-parte evidence, tendered his affidavit Ex. CA  along with documents Ex. C1 to Ex. C3 and thereafter, closed the ex-parte evidence.
4. Oral arguments  of complainant heard, because he did not want to file written arguments.
5. Perusal of Ex. C2 reveals that Himalayan Natural Water bottle was purchased from the opposite party for Rs. 138/- which included price as Rs. 125/-, service charge as Rs. 6/- and sales tax as Rs. 6.92 N.P. So, certainly complainant disclosing truth that Rs. 138/- was charged from him in lieu of purchase of one Himalayan Natural Water bottle. Empty water bottle has been produced in the Court today in the evidence. On this water bottle, it is mentioned that price is Rs. 50/-. This bottle bears Batch No. A15066 and it bears packing date as 07/02/15.  As  the price on the bottle is printed as Rs. 50/- and as such, complainant certainly disclosing truth that Rs. 138/- charged from him in lieu of the maximum retail price of Rs. 50/-.  So, excess amount of Rs. 88/- has been charged from complainant and that is the unfair trade practice on the part of the opposite party. Opposite party, therefore, required to refund the excess charged amount of Rs. 88/-.  In case, complainant has been insulted by giving pushes or like that as claimed during course of arguments, then separate remedy of filing criminal complaint available with him. Consumer Forum has the jurisdiction on proof of deficiency in service or as and when unfair trade practice followed. That unfair trade practice adopted by the opposite party by charging Rs. 88/- in excess of the maximum retail price and as such, complainant has suffered mental agony, due to which he is entitled to compensation of Rs. 2,000/-.
6. As a sequel to the above discussion, complaint allowed ex-parte by directing the opposite party to refund the excess charged amount of Rs. 88/-. Even the opposite party directed to pay Rs. 2000/- as compensation  for harassment of complainant and Rs. 2000/- as litigation expenses. Compliance of these orders be made within 30 days from the date of receipt of copy of the order.  Copies of the order be supplied to the parties free of cost. File be indexed and consigned to the record room.

Announced in open Forum.

 

1.  

 

                                   ( S. P. Garg )                                           ( G.K. Dhir )

                                     Member                                                  President