BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.545 of 2019
Date of Instt. 15.11.2019
Date of Decision: 15.04.2024
Mohit Kumar Bhagat aged about 21 years S/o Sh. Manohar Lal R/o Kabir Nagar, Jalandhar.
New Address: 167, Makhdoom Pura, Jalandhar.
..........Complainant
Versus
1. Future Retail Home Office, 9th Floor, Tower-C, 247 Park, LBS Marg, Vikhroli (West) Mumbai-400083, through its Chairman/Director/Managing Director/Manager/Representative.
2. Big Bazaar, Vassal mall, Ladowali Road, Opposite President Hotel, Jalandhar, through its Chairman/Director/Managing Director/Manager/Representative.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. K. K. Gupta, Adv. Counsel for Complainant.
None for OPs.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the OP No.2 is an Indian retail chain of hypermarkets departmental stores and grocery stores. The OPs No.1 and 2 was founded under his parent organization i.e. Future Group. The OPs No.1 and 2 are also running their Online Payment Wallet through a mobile application namely Future Pay Wallet. The customers of the OPs can pay their shopping bills through future pay wallet by installing the same in their cell phone. Both the OPs have launched many promotional offers through future pay wallet from time to time to attract customers for buying products from them. The complainant is a customer of the OPs and also using their mobile application Future Pay Wallet through his mobile phone bearing no.8528386000. The screen shot regarding registration of his account/mobile phone number with future pay wallet is on record. From 28th September, 2019 to 2nd October, 2019, both the OPs jointly launched their promotional offer for the shoppers of the OP No.2. As per offer the opposite parties will give 20% cashback of the shopping bill/ amount to the customer and both the opposite parties will also give upto 60% off/discount additionally on the product price in the form of cashback to the customer who will purchase products of Rs.4,000/- minimum from the store of OP No.2. The above said promotional offers were sent on the mobile phone of the complainant. The screen shot of the promotional offer is also on record. To give upto 60% off on the product price, the OP No.2 had displayed special discounted prices on every rack/window for the future pay wallet users. On 29.09.2019 during the above said promotional offer, the complainant shopped for Rs.4,047/- from the store of the OP No.2 and paid whole amount through future pay wallet, in this regard memo no.0546576 (Till No.7, Tr. No.92781 St. 3681) dated 29.09.2019 was issued to the complainant by the OP No.2. The said shopping was made to get cashback of 20% of shopping price and also to get benefit of shopping at special discounted prices, which were displayed at the every shopping window for future pay wallet users. The copy of the bill/memo is on record. The table showing product name, Selling price, special discounted price for future pay wallet users and difference/margin between selling price and Future Pay Wallet price is on record. At the time of billing, the representative of OP No.2 informed the complainant that the customer have to pay the Selling Price of the product at the time of billing and also informed the complainant that after ending the promotional offer the difference/margin between Selling Price and Future Pay Wallet User Price will be reimbursed in the concerned future pay wallet and additionally 20% cashback will also be given in denomination of 100/- each on every 1st and 15th date till four months. The complainant clicked photographs of all the display boards which were displayed for showing the selling price and future pay wallet user's price for the future pay wallet customers at every window/rack of the products. The photographs of the display boards are on record. On 1st of October, 2019, the complainant received a cashback of Rs.100/- as first cashback and additionally received Rs.28/- only instead of Rs.924/- then he immediately called the customer care of the OP No.1 and complained the matter. Then the customer care representative requested the complainant to send email complaint on the email id of the OPs along with photographs of the display boards showing prices, taken by the complainant. On 9th October, 2019, the complainant sent his complaint along with photographs via email on the email id's of the OPs and demanded reimbursement of difference/margin of the Selling Price and Future Pay Wallet User Price. The complaint/email sent by the complainant is on record. On 22nd October, 2019 the OP No.1 given reply on the email id of the complainant ‘as per below mail, we are pleased to inform you that your complaint for non-receipt of cashback amount has been credited in your big bazaar wallet account on 01/10/2019’. The OPs have not credited any other amount except Rs.100/- and Rs.28/- on dated 01.10.2019 in the Future Pay wallet of the complainant. The OPs wrongly claimed in their email that they have credited whole cashback on 01.10.2019. The complainant again complained the matter on telephone, but the customer care representative told the complainant that the store management have displayed the boards by mistake and further flatly refused to pay any other cashback. The screen shot of the Transaction History of the future pay wallet account is on record. Both the OPs have published/announced misleading advertisement/offer wrongly to attract the customers for their own benefit. Both the OPs have played malpractices with the complainant and other thousands of their customers. Both the OPs have broken the faith of the complainant and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to credit balance amount of cashback in the future pay wallet of the complainant and to pay Rs.1,00,000/- for harassment, mental tension, agony, inconvenience and to pay cost of litigation to the tune of Rs.15,000/- along with 18% PA interest from the date of shopping to the complainant, in the interest of justice.
2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that prima facie no cause has arisen in favour of the Complainant to file the present Complaint. It is further submitted that the relief as sought by the Complainant in the present Complaint cannot be granted. Hence, the present complaint is liable to be dismissed with exemplary costs. It is further averred that the complaint under the reply is not maintainable and is liable to be dismissed as the Complainant has attempted to misguide and mislead the Forum and as such the complaint is liable to be dismissed on this ground alone. It is further averred that prima facie no cause has arisen in favour of the Complainant's to file the present Complaint. Hence, the present complaint is liable to be dismissed with exemplary costs. It is further averred that the OP submits that the Complainant has created a false story in his complaint to mislead this Forum by concocting and distorting the facts and circumstances of the present case. It is further averred that the present complaint is presented in such a manner so that it presents a distorted and twisted picture only with an intention to misguide and confuse this Forum and to extract a favorable decision. The complainant has not presented true facts. Present complaint thus fails on this ground as well. It is further averred that the present complaint is thus presented, ridden with allegations of deficiency in service and unfair trade practices, but the present complaint miserably fails to co-relate the facts and incidents in order to prove any deficiency in service and unfair trade practice. Complainant fails to prove any act as alleged in the whole of the complaint that points out any deficiency in service and unfair trade practice on the part of the OP. It is further averred that the present complaint is false, frivolous & vexatious besides being devoid of any merits and has been filed with a view to malign the credential & reputation of the OP with dishonest intentions to detriment the OP and to the illegal advantage to the complainant. It is further averred that in the present case the complainant is confusing the said price with the MRP. The prices indicated on the signages were inclusive of all deductions and as such no deficiency is there on the part of OPs. Thus the present complainant is liable to be dismissed being devoid of merits. It is further averred that the OP craves leave of this Forum to file an amended reply if any new facts will come in knowledge. It is further averred that the complainant has no cause of action against the OP to file the present complaint. On merits, it is admitted that the complainant purchased the products from the OP and it is also admitted that the cashback and the margin was to be given on the shopping of Rs.4000/-, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for complainant only as none has appeared on behalf of the OPs and has also gone through the case file very minutely.
6. The complainant has proved Ex.C-1. Perusal of Ex.C-1 shows the registration of the complainant’s account/mobile number with the future pay wallet. The mobile number of the complainant has been mentioned in Ex.C-1. The complainant has also proved on record Ex.C-2, which is the advertisement given by the OP. Perusal of this document Ex.C-2 shows that this is a promotional offers for the shoppers, which gives the offer of 60% off + 20% cashback on the shopping. This promotional offer was launched by the OP No.2, which is evident from Ex.C-2. The complainant purchased the products from the OP on 29.09.2019. As per Ex.C-3, he shopped for Rs.4047/- from the store of the OP No.2 and paid the amount of Rs.4047/-. The complainant has also proved on record the difference of selling price and the price with future pay wallet after discount from Ex.C-4 to Ex.C-18. These documents clearly show that there is a difference between the selling price and the price with future pay wallet as per their promotional offer Ex.C-2. As per this promotional offer, the complainant was to get 20% cashback on the shopping of more than Rs.4000/-. The grouse of the complainant is that he did not get the cashback as per offer given by the OPs. When he contacted the OP, they assured that the difference/margin between selling price and future pay wallet will be reinvested in the future pay wallet and he will also get 20% cashback of 100 each on every 1st and 15th day till four months. As per the bill Ex.C-3, the complainant made the payment of products purchased by him at the selling price and not at the discounted price. As per submission of the complainant, he did not get the cashback and the margin as per the assurance. He got only Rs.128/- as per Ex.C-21 on 01 October, 2019. Neither the margin of Rs.924.06 nor the cashback was ever given to him. The cashback of Rs.100/- was received and he received only Rs.28/- from the margin out of Rs.924/-. The complainant represented the OP vide email Ex.C-19 mentioning all the facts in the email. As per the reply Ex.C20, his complaint for non-receipt of cashback amount was credited in his Big Bazaar Wallet Account, meaning thereby that no amount as promoted was ever given to the complainant.
7. The contention of the OP No.2 is that the cashback and the margin was to be given on the shopping of Rs.4000/- as per the offer given in Ex.C-3 Page No.2. Admittedly, as per Ex.C-3, the complainant purchased the products above of Rs.4000/- i.e. of Rs.4047/- and he was eligible for the offer made by the OP No.2. So, from the overall circumstances, it is clear cut deficiency in service and unfair trade practice on the part of the OPs and thus, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and both the OPs are directed to credit balance amount of cashback in the future pay wallet of the complainant and the margin of Rs.843.84 out of Rs.924.16 (after deducting the amount of Rs.28/- received) with interest @ 6% p. a. from the date of shopping till its realization. Further, OPs are directed to pay a compensation alongwith litigation expenses of Rs.12,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
15.04.2024 Member Member President
