PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 128/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Sri Sanjaya Kumar Patra,
C/o Pramod Kumar Naik,
At- Rugudhibanda, Dhankauda, Via Remed,
Sambalpur-768006 ......Complainant.
Versus
Insight Smart Learning private Ltd
Shop No. 13 &14, Market Building Sector-18,
Rourkela, Sundargarh-769003 ………… Opp.Party
Counsels:-
- For the Complainant :- Sri. R.Gupta & Associates
- For the O.P. :- Ex-parte
Date of Filing:24.08.2023,Date of Hearing :18.12.2023,Date of Judgement : 06.02.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that on 16.03.2023 the Complainant visited O.P. shop to purchase class-VI books and copies as per date line fixed by the O.P. Complainant reached the shop as books of Chinmaya English Medium School, Chhend, Rourkela only available there in. Complainant purchased books and copies after standing in queue. Due to rush the O.P. was not allowing to check the books and copies. In case to check the books and copies then purchaser has to come in the next month, which is an unfair trade practice. The Complainant paid Rs. 6760/- and received the books and copies from the O.P. Bill No. 7650 dated 16.03.2023 was provided.
Details of purchased product not mentioned in the bill. All the books as per list also not supplied which amounts to deficiency in service. The O.P. has manipulated the prices of copies and collected excess amount. As per price list O.P. charges Rs. 45/- for 120 pages per copy but the rate of the copy is Rs. 35/- O.P. supplied 13 no.s of copies as per copy list exercise books Sl. No. 1 to 13 but in the bill mentioned 17 nos of books and took prices of 17 nos of copies charging Rs. 45/- per copy and collected Rs. 765/-. The O.P. collected Rs. 130/- excess and without supplying copies collected Rs. 310/- extra as per book list. The practice of the O.P. is monopolistic and unfair.
The O.P. supplied the copies as per copy list mark in exercise books sl. No. 2 for 160 pages single role (Math-2) mentioned the price as Rs. 55/- whereas price of the copy is Rs. 45/-. The O.P. collected Rs. 20/- excess from the Complainant.
The O.P. supplied the copies as per page mark in copies but on actual counting pages are not available in supplied copies. In the name of Chinmaya Vidyalaya, Chhend the O.P. is collecting heavy amount from school authority for advertisement which is unfair. The O.P. was informed about the books and copies supplied but the O.P. not turned up. The O.P. argued that 10% discount on the copies i.e. Rs. 151.90P and 5% discount on the book i.e. Rs. 285.45P was given and Complainant should not discuss on that matter. O.P. further told to complain the school authority. The Complainant is serving at Sambalpur and this Commission has jurisdiction.
- The O.P. has been set ex-parte.
- Perused the documents filed by the Complainant. The O.P. has issued receipt No. 7650/- on 16.03.2023 for an amount of Rs. 6760/- marking as class VI, Chinmaya English Medium School, Chhend published a book list for the year 2023-24 wherein it is reflected that for class VI 15 numbers of books are required, for higher Oriya and lower hindi 4 books, for higher hindi and lower oriya 5 books and 8 nos of exercise books are required. The price of books and copies have been reflected. Chinmaya Vidyalaya(E.M.) issued my note book-Math-II, wherein for 64 pages note book price Rs. 22/-, for 120 pages. Rs. 35/- and for 160 pages Rs. 45/- has been reflected.
- After going through the pleadings and documents it was found that the O.P. has charged excess price than the printed rate on the exercise books. The O.P. has not reflected details books and copies in the money receipt, simply mentioned Rs. 6760/- vide bill No. 7650 dated 16.03.2023. Non reflection of the products sold with numbers and prices amount to deficiency in service on the part of O.P. The customer has every right to know the detail specification of the products purchased. As details of products supplied not mentioned it can be inferred that the O.P. has not supplied the products as per list and has taken the charges of full list, which is also amounts to deficiency in service.
As per price list 120 pages copies charged Rs. 45/- by the O.P. whereas actual price is Rs. 35/-. In every copy the O.P. has charged Rs. 10/- excess. It is the allegation of the Complainant that O.P. supplied only 13 copies as per list as exercise books sl. No.1 to 13 but in the list 17 nos. of books shown in list. As no details of products have been mentioned in bill it can be construed that 17 nos of copies have been supplied to the Complainant and Rs. 10/- x17 =Rs. 170/- excess charges has been taken by the O.P, which is illegal, monopolistic and unfair. Likewise the O.P. has supplied two copies to 160 pages and taken excess charges of Rs. 20/- although the printed rate is Rs. 45/- per copy. In this way the excess collected amount Rs. 130/-+Rs. 20/- needs to be refunded by the O.P.
The consumer has the right to examine the products purchased. In the instant case a customer has to come in the next month for any verification of products, it proves the monopolistic and unfair trade practice. In the present case Chinmaya Vidyalay, Chhend has not been made party and it its name the O.P. is continuing such unfair practice and by allotting the sale to a particular agency the school authority made the practice monopolistic, which is a clear exploitation of the consumers.
From the supra discussion it is apparent that the O.P. is not only deficient in its service but also in monopolistic and involved in unfair trade practice.
Accordingly, it is ordered:
ORDER
The complaint is allowed ex-parte against the O.P. The O.P. is directed to refund Rs. 150/- to the Complainant with interest @12% P.A. w.e.f.. 16.03.2023 within one month of this order. For harassment the O.P. is to pay compensation of Rs. 30,000/- and litigation expenses of Rs. 10,000/-
Order pounced in the open court on 6th day of Feb 2024.
Supply free copies to the parties.
