Order dictated by:

Sh.Anoop Sharma, Presiding Member

1. Amit Kumar complainant has brought the instant complaint under section  11 & 12 of  the Consumer Protection Act, 1986 on the allegations that opposite party is retail outlet of readymade garments and complainant purchased one readymade shirt on 9.9.2016 vide bill No. 4540 of Rs. 848/-. Due to sale promotion scheme, opposite party sold shirt on 50% discount on price and as per price tag MRP was Rs. 1599/- (inclusive of all taxes). Opposite party inspite of having price tag inclusive of all taxes has charged 6.05% (Rs.48.50 paise) tax on the shirt.  The complainant told that the price tag display price inclusive of all taxes  and charges of taxes on the said product is against the provision of law. But opposite party did not care to listen the genuine request of the complainant and insisted on charging the same.  The complainant has prayed for the following reliefs vide instant complaint:-

1. Opposite parties be directed to immediately refund Rs. 48.50 paise charged excess as tax.
2. Opposite parties be also directed to pay compensation to the tune of Rs. 25000/- on account of mental sufferings, harassment and humiliation suffered by the complainant besides litigation expenses to the tune of Rs. 5000/- may also be awarded to the complainant.

Hence, this complaint.

2. Opposite party did not put in appearance despite service as such it was ordered to be proceeded against ex-parte.

3.       In his bid to prove the case complainant tendered into ex-parte evidence his affidavit Ex.C-1 , copy of retail invoice dated 9.9.2016 Ex.C-2, copy of price tag Ex.C-3 and closed the evidence .

4.       We have heard the complainant in person and have carefully gone through the record on the file.

5.       From the appraisal of the evidence  on record, it becomes evident that the complainant purchased one shirt on 9.9.2016 vide bill No. 4540 of Rs. 848/- . Due to sale promotion scheme opposite party sold the shirt on 50% discount on price. As per price tag MRP was Rs. 1599/- inclusive of all taxes. However, opposite party charged Rs. 848/- instead of Rs. 799.50 paise. In this way opposite party over charged Rs.48.50 paise over and above the price of the shirt in dispute. Copy of the retail invoice Ex.C-2 is on record besides the tag showing the maximum retail price of the shirt in dispute as Rs. 1599/- account for Ex.C-3 . As such it is evident that the opposite party has charged Rs. 48.50 paise in excess from the price of the shirt in dispute which amounts to unfair trade practice on the part of the opposite party. As such the complainant is entitled to refund of Rs. 48.50 paise from the opposite party.

6.       The evidence adduced by the complainant gone unrebutted as none appeared on behalf of the opposite party.

7.       In our considered opinion, the complainant is entitled to refund of Rs. 48.50 charged as excess besides compensation to the tune of Rs. 1000/- while cost of litigation is assessed at Rs.500/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, awarded amount shall carry interest @ 9% p.a. from the date of filing of the  complaint until full and final realization . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 22.3.2017