Orissa

Cuttak

CC/174/2023

Avinash Nanda - Complainant(s)

Versus

Kanhu Charan Naik - Opp.Party(s)

A Sahu & associates

10 Oct 2023

ORDER

                IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.174/2023

Abinash Nanda,

S/o: Ajit Kumar Nanda,

At:Dash Bhawan,Nandi Sahi,

Choudhury Bazar,Dist:Cuttack

PIN-753001.

.                             ... Complainant.

          Vrs.

 

1.       Kanhu Charan Naik,                                                                                                                                                     At:Ramdaspur,PO/PS:Godisahi,                                                                                                                                                                 Pin-754006,Dist:Cuttack.

 

2.       The Managing Director,

AB InBev,6^th Floor,Mfar Building,

MS Ramaiah North City,

Manayata Tech Park,

                 Nagavara,Bengaluru,Karnataka-560045.                                          ...Opp.Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    31.5.2023

Date of Order:  10.10.2023

 

For the complainant:           Mr. A.Sahu,Adv. & Associates.

For the O.Ps :                                    None.

         

Sri Debasish Nayak,President.         

             Case of the complainant as made out from the complaint petition in short is that on 6.5.2023 he had purchased three bottles of Budweiser Magnum beer from O.P no.1 at his Foreign Liquor Outlet at Godisahi by paying a sum of Rs.660/-.  Each of those three bottles of beer reflected MRP of Rs.210/- as fixed by the Excise Department, Govt. of Odisha but the O.P no.1 had charged Rs.10/- extra for each of the bottles from the complainant.   It is further alleged by the complainant that O.P no.1 is selling around 5000 bottles of beer each month and thereby is cheating @ Rs.10/- through each bottle of beer.  After claiming for refund of the extra amount from O.P no.1 by sending legal notice to him on 12.5.2023, the complainant had ultimately come up with this case demanding from the O.P no.1 compensation to the tune of Rs.80,000/- together with cost of his litigation expenses to the tune of Rs.15,000/-.

          The complainant has filed copies of several documents alongwith his complaint petition in order to prove his case.

2.       Out of the two O.Ps as arrayed in this case, O.P no.1 having refused to accept the notice of this Commission was set exparte vide order dt.26.6.2023 and O.P no.2 has been set exparte vide order dt.12.7.2023.

3.       The points for determination in this case are as follows:

                       i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him ?

Point no.ii.

Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the averments of the complaint petition, the connected copies of documents as filed and also after perusing the written notes of submission of the complainant, it is noticed that as per Annexure-2, which is copy of the image of the Budweiser Magnum beer bottle, it clearly reflects the MRP to be of Rs.210/- only.  As per Annexure-1, the complainant had transferred Rs.660/- to O.P no.1 towards purchase of the three bottles of Budweiser Magnum beer which goes to show that he was charged @ Rs.220/- per bottle of those beer.  An extra amount of Rs.10/- was thus levied and was collected from the complainant by the O.P no.1 on the sale of each Budweiser Magnum beer bottle which appears to be without any basis and is quite illegal. The complainant has also filed the price list vide Annexure-4 reflecting the price of each of the Budweiser Magnum beer bottle of 650 mls. content to be of Rs.210/- only.  Thus, this Commission unhesitatingly arrives at an irresistible conclusion that infact O.P no.1 had cheated the complainant by charging an extra amount of R.10/- on each bottle of Budweiser Magnum beer bottle which he had sold to the complainant on 6.5.2023 at 1.06 P.M.  This clearly reflects the deficiency in service on the part of the O.Ps alongwith practice of unfair trade by them.  Accordingly, this point goes in favour of the complainant.

Points no.i & iii.

          From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

 

                                                          ORDER

          The case of the complainant is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are hereby directed to restrain themselves from such unfair trade practice with immediate effect and not to charge any extra amount other than the MRP as reflected in the price list as well as to the label of the bottle.  As mentioned by the complainant, the O.P no.1 used to sell 5000 number of Budweiser Magnum beer bottle per month which goes to show that in the meanwhile through the said illegal process, the O.P no.1 had infact amassed illegal wealth and thereby had caused gross financial loss to the people at large who were consumers at his shop but are unidentifiable now.. As per the provisions of Sec-39(K) of the C.P.Act,2019, this unfair trade practice by the O.Ps with connivance with each other tilts our eye brows for which as prescribed in the aforesaid provision as minimum of 25% of the value is to be levied upon the O.Ps.  Accordingly, this Commission thinks it proper to direct the O.Ps to deposit a sum of Rs.20,00,000/- in the State Consumer Welfare Fund.   The O.Ps are further directed to refund the extra amount of Rs.10/- taken from the complainant in each Budweiser Magnum beer bottle as sold to him and  further to pay a sum of Rs.50,000/- to the complainant as compensation towards his mental agony and harassment so also to bear his litigation expenses to the tune of  Rs.15,000/-.    This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 10^th day of   October,2023 under the seal and signature of this Commission.         

                                                                                       Sri Debasish Nayak

                                                                                              President

                                                                                                                                   

                                                                                             Sri Sibananda Mohanty

                                                                                                        Member