DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 696
Instituted on: 14.12.2016
Decided on: 03.04.2017
Jasvir Singh son of Jang Singh resident of VPO Kanjhla, Tehsil Dhuri, District Sangrur.
…. Complainant.
Versus
Future Retail Ltd., Plot No.17B/172, Near Civil Hospital, Sangrur Road, Dhuri-148024, Punjab.
….Opposite party.
FOR THE COMPLAINANT: Shri Harpreet Singh Advocate
FOR THE OPP. PARTY : Exparte
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Jasvir Singh complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that he purchased Tea Light Candle PK 1 from the OP under invoice dated 29.10.2015 for Rs.48/- on which due to Diwali Festival the OP had given offer ' Buy one Get one Free' . It is stated that OP has to give the said product to its customers either two unit of purchased item on single MRP price ( i.e. Rs.45/-) of the item or one unit of purchased item on Rs.35/-( which was easy day price). The OP had charged Rs.48/- on the purchased item rather as per the offer given by the OP the purchased item of the complainant should be of Rs.35/- for which the complainant immediately approached the OP and told them about wrong billing of the article and requested to refund the excess price charged by them but OP flatly refused to refund the extra charged amount. As such OP charged excess price of Rs.13/- from MRP and as per settled law, nobody can charge, excess from the maximum retail price. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to refund the amount of Rs.13/- with interest,
ii) OPs be directed to pay to the complainant a sum of Rs.25000/- as compensation on account of mental agony, harassment,
iii) OPs be directed to pay Rs.11000/- as litigation expenses.
2. Notice was issued to the OP but despite service OP did not appear and was proceeded exparte.
3. In exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant has purchased Tea Light Candle PK 1 from the OP on 29.10.2016 which is evident from the invoice dated 29.10.2016 Ex.C-1. The complainant has also produced on record copy of advertisement wherein it has been specifically written " Buy 1 Get 1 Free Diwali Docoration Items on MRP which is Ex.C-2 on record . From the perusal of the retail invoice Ex.C-1 we find that the OP charged Rs.48/- for 2 items whereas price of the one item is Rs.35/- which is also mentioned in the same retail invoice. So, it is clear that despite the Diwali offer on the product/ item i.e. " Buy one Get one Free " the OP charged Rs.48/- of the product instead of Rs.35/- from the complainant and in this way the OP charged excess amount of Rs.13/- from the complainant which clearly shows deficiency on the part of the OP. Moreover, the OP did not come forward to contest the case of the complainant rather they chosen to remain exparte. As such evidence produced by the complainant has gone unrebutted on record.
5. For the reasons recorded above, we allow the complaint of the complainant and direct the OP to refund to the complainant an amount of Rs.13/- which was excess charged by the OP from the complainant. We order the OP to pay to the complainant a sum of Rs.5000/- as compensation on account of mental pain, agony, harassment and litigation expenses and to deposit a sum of Rs.5000/- in the Consumer Legal Aid Account.
6. This order of ours shall be complied with within 60 days from the receipt of copy of the order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course. Announced
April 3, 2017
( Vinod Kumar Gulati ) ( Sarita Garg) (Sukhpal Singh Gill)
Member Member President
BBS/-
