Chandigarh

DF-II

CC/179/2017

Sukhvinder Kaur - Complainant(s)

Versus

Kapsons Fashion - Opp.Party(s)

Jasjit Singh Adv.

09 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

Consumer Complaint  No.	:	179 of 2017
Date  of  Institution	:	17.02.2017
Date   of   Decision	:	09.05.2017

 

 

 

 

Sukhvinder Kaur w/o Sh.Mohan Singh r/o 2347, Sector 45, Chandigarh.

                …..Complainant

Versus

 

Kapsons Fashion, SCO 104-105, Sector 17-C, Chandigarh through its Authorized Representative.

…..Opposite Party

 

BEFORE:  SH.RAJAN DEWAN                        PRESIDENT

                SMT.PRITI MALHOTRA                      MEMBER

                SH.RAVINDER SINGH                MEMBER

 

ARGUED BY: Sh.Jasjit Singh, Adv. for complainant.

                     OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant as alleged by her is that the OP, in order to promote the sale of its products, offered discount @ 50% on the M.R.P. and she purchased an article of the MRP of Rs.2599/- vide Invoice dated 16.08.2016, Annexure C-1 for Rs.1364/- out of which a sum of Rs.65/- was charged towards VAT @ 5% on the discounted price.  It has been averred that the MRP of the article was already inclusive of all taxes. She also objected to the charging of 5% VAT at the MRP of the article but to no effect.  Alleging deficiency in service for the above act & conduct of the OP and also for the unfair trade practice resorted to by the OP, this complaint has been filed by the complainant. 

2.         Despite due service through registered post, none appeared on behalf of the OP and as such it was ordered to be proceeded against exparte vide order dated 05.04.2017.
3.         The complainant led evidence in support of her contentions.
4.         We have heard the Learned Counsel for the complainant and have also perused the record.
5.         After hearing the Counsel for the complainant and going through the evidence on record, we are of the considered view that the complaint is liable to be dismissed for the reasons stated hereinafter. The complainant has produced on record a copy of the Invoice of the item in question from which it cannot be ascertained that as to whether the amount of the article in question is inclusive of all the taxes or not.  The complainant has not produced on record a copy of the price tag of the article in question to corroborate the fact that the price of the article in question is inclusive of all the taxes and that the OP has illegally charged VAT on the discounted price. Hence, the complainant has failed to prove his case against the OP.
6.         For the reasons recorded above, finding the complaint to be devoid of any merit, the same is hereby dismissed with no order as to costs.
7.         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

	Sd/-	Sd/-	Sd/-
Announced	(RAVINDER SINGH)	(RAJAN DEWAN)	(PRITI MALHOTRA)
09.05.2017	MEMBER	PRESIDENT	MEMBER