CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

                  CASE NO. CC/56/22

Date of Institution:-28.02.2022

Order reserved on:-31.03.2023

Date of Decision:-08.05.2023

IN THE MATTER OF:

Ms/ Livedigital Marketing

Solutions Private Limited

Having Registered Office at:

33-B, Ber Sarai, Near JNU,

New Delhi – 110016, India.

Also At:

3^rd Floor, D-5, Logix Infotech Park,

 Sector-59, Noida, U.P., India                                     ......Complainant

VERSUS

1.           GS Graphics

Having Office at:

249 E G/F, Rama Market,

New Delhi – 110067, India..…..Opposite parties

O R D E R

Per R. C. Yadav, Member

1. The complainant, M/s Livedigital Marketing Solutions Private Limited is a company duly incorporated under provision of the Company Act and inter alia indulged in the business of business process out sourcing. The OP is a vendor from whom the complainant had purchased webcam on 24.10.2021 and 25.10.2021 vide invoice no.084 and 085 at the rate of 1250 per piece with 18% GST charges. The copy of the same invoice is also attached. The complainant has purchased 12 pieces of webcam from OP. During audit process, the complainant came to know the maximum retail price in Max Retail Price of the purchased products is Rs.1199/- per piece including all taxes. The colour photocopy of the real MRP of the web cam is also attached. The complainant was shocked to know that on line price of webcam on Amazon was Rs.580/- per piece for the same product. The web cam was purchased for the safety and to check day to day activities for the office. The OP has overcharged the price for the same product as against Max Retail Price on the product.

2. The OP was served but did not enter appearance. He was proceeded ex-parte vide order dated 08.07.2022.

3. The complainant has filed Ex-parte evidence by way of affidavit in support of his case.

4. We have gone through the material on record carefully and thoroughly.

5. We have heard the complainant who submitted that matter may be disposed of on the basis of material on record.

6. The case of the complainant that M/s Livedigital Marketing Solutions Private Limited is a company duly incorporated under provision of the Company Act and inter alia indulged in the business of business process out sourcing. The OP is a vendor from whom the complainant had purchased webcam on 24.10.2021 and 25.10.2021 vide invoice no.084 and 085 at the rate of 1250 per piece with 18% GST charges. The copy of the same invoice is also attached. The complainant has purchased 12 pieces of webcam from OP. During audit process, the complainant came to know the maximum retail price in Max Retail Price of the purchased products is Rs.1199/- per piece including all taxes. The colour photocopy of the real Max Retail Price of the web cam is also attached. The complainant was shocked to know that on line price of webcam on Amazon was Rs.580/- per piece for the same product. The web cam was purchased for the safety and to check day to day activities for the office. The OP has overcharged the price for the same product as against Max Retail Price on the product. The allegations made by the complainant have gone unchallenged and unrebutted. It is clear that OP has charged excess money against Max Retail Price, which clearly and apparently constitutes deficiency-in-service and unfair trade practice on the part of the OP.

7.  Accordingly, we allow the complaint and direct OP to refund Rs.732/- as excess charged against for the web cam and Rs.8,000/- lump sum for mental agony, harassment and litigation charges.

• Order be given dasti to both parties.
• The file be consigned to record room thereafter.
• Order pronounced on 08.05.2023.