D.O.F:25/06/2022

                                                                                                  D.O.O:09/12/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.133/2022

Dated this, the 09^th day of December 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

C. Abdul Razak

S/o.C.A.Raheem

C/o Samil House

Saira Bannu                                                             :  Complainant

Meepugiri, P.O.Ramdas Nagar

Kasaragod

                                                            And

1. Future Retail Limited

Knowledge House,

Shyam Nagar,

Off Jogeshwari,

Vikhroli Link road,

Jogeshwari East,

Mumbai - 400060

2. Big Bazzar,

New Bus Stand,

M.G.Road, Square Nine Building,

Cross Road,                                                   : Opposite Parties

Opp to Municipal Complex,

Kasaragod – 671 121

                                                            ORDER

 SMT.BEENA.K.G : MEMBER

The Facts of the case:-

The complainant is a profit card member of Big Bazar Kasaragod.  A profit card member has to pay Rs. 10,000/- in advance so that he can make purchase up to Rs. 1,000/- monthly.  Thus he can purchase commodities up to Rs. 12,000/- in a year.  The Big Bazar Kasaragod has closed without any prior information to profit card members.  The complainant had purchased commodities below Rs.2,000/- only in two months.  The complainant had made all attempts get back the balance amount from Big Bazar.  On Enquiry it is informed that he has to send his Aadhar card, profit card, and account number to the website of Big Bazar.  But even after sending all these documents through mail, the Opposite Party did not respond.  Hence the complaint for refund of the balance amount with compensation and costs.

        Notice of Opposite Party served but they remained absent.  Notice of Opposite Party to returned as left.  Name of Opposite PartyNo:1 called set exparte.

The complainant filed proof affidavit in lieu of chief examination in lieu of examination Ext A1 profit card marked

            The question raised for the consideration are

1. Whether there is deficiency in service on the part of Opposite Parties?
2. If so what is the reliefs?

For convenience question No:1 and 2 can be discussed together .

Here the complainant earned profit card of Big Bazar Kasaragod by paying Rs. 10,000/- in advance.So he can make purchase up to Rs.1,000/- per monthly.Thus he can purchase up to Rs. 12,000/- in a year.After 2 months, the big bazar closed without any prior information to profit card members.The complainant has made purchase below Rs.2,000/- in total. The closing of the big bazar without paying balance amount caused huge loss and mental agony to the complainant.He made all attempts to get the balance amount.As per the direction he had sent the documents adhar card profit card and account number to the website of Opposite Party.But the opposite party did not pay the balance amount. It proves the unfair trade practice and deficiency in service.In the absence of rebuttal evidence the complainant is entitled get the balance amount of Rs.8,000/-(Rupees Eight thousand only) from big bazaar Kasaragod with interest and cost.

Therefore the complaint is allowed directing Opposite Parties to refund Rs. 8,000/- (Rupees Eight Thousand only) with a compensation of Rs. 5,000/-(Rupees Five Thousand Only) along with a cost of Rs. 3,000/- (Rupees Three Thousand only).

       The time for compliance is 30 days from the receipt of the copy of this judgment.

A1: Profit Card

Forwarded by Order

                                                                                    Assistant Registrar

Ps/