Haryana

Karnal

02/2015

Anuranjan Dayal S/o Ashok Dayal - Complainant(s)

Versus

Kirpal Music & Sports House - Opp.Party(s)

Bhaskar Bhalla

23 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.02 of 2015

                                                               Date of instt. 6.01.2015

                                                               Date of decision: 12.08.2015

 

Anuranjan Dayal son of Sh.Ashok Dayal resident of house no.1. Church Compound, Railway Road, Karnal.

                                                             ……….Complainant.

 

                             Versus

 

Kirpal Music and  Sports House, situated at Railway Road, Karnal through its Proprietor.

                                                           ……… Opposite Party.

                   Complaint u/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Smt. Shashi Sharma ………Member

                   Sh.Anil Sharma……….Member.

 

Present:        Sh.Mohit Sachdeva Advocate for the complainant.

                   OP ex parte.

ORDER:

 

                        This complaint  has been filed by the complainant u/s 12 of the Consumer Protection  Act (herein after referred to as the Act) on the allegations that he purchased one Casio Model No. CTK1150  from the Opposite Party (in short OP)  for a sale consideration of Rs.6300/-, vide cash memo No.458 dated 18.12.2014. When he checked the box (container) of the said Casio, he found that maximum retail price was printed as Rs.5995/-,  whereas OP had charged Rs.6300/- from him. Thereafter, he visited the OP and complained regarding charging of excess amount of Rs. 305/-, but  the OP remained adamant and misbehaved with him. On account of  unfair trade practice of the OP, he suffered mental agony and harassment apart from financial loss.

 

2.                Notice of the complaint was given to the OP. Jasbir Singh appeared on behalf of OP on 4.2.2015 and his presence was marked on 2.3.2015 and 13.3.2015, but thereafter none put into appearance on behalf of the OP and ex-parte proceedings were initiated, vide order dated 11.5.2015.

 

3.                In ex-parte evidence of the complainant, he filed his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C3.

 

4.                We have heard the learned counsel for the complainant and have gone through the case file very carefully.

 

5.                The complainant has alleged that on the box of the casio  model No. CTK1150,   which was purchased by him from OP, maximum retail price was printed as Rs.5995/-, whereas OP had charged the amount of Rs.6300/- from him and issued bill/invoice.  The complainant has reiterated his allegations in his affidavit Ex.CW1/A.

 

6.                A perusal of the copy of box Ex.C3 shows that maximum retail price of the casio  Model no. CTK1150   was printed as Rs.5995/-, but it is clear from the copy of the invoice/bill Ex.C1 that OP had charged an amount of Rs.6300/- from the complainant, as price of the said casio. Thus, it is emphatically clear that OP had charged the price in excess of the  maximum retail price printed on the package containing the casio, which certainly amounted the unfair trade practice. As per allegations of the complainant, the OP even refused to return the excess amount despite repeated requests of the complainant, which could   cause  mental harassment and agony to the complainant.

 

7.                As a sequel to the foregoing discussion, we accept the present complaint and direct the OP to refund  the amount of Rs.305/- ( i.e. excess amount) to the complainant alongwith interest @ 9% per annum from 18.12.2014( the date when the said amount was charged by the  OP in excess from complainant) till its actual realization. The complainant shall also be entitled for a sum of Rs.5000/- for the harassment and agony caused to him together with a sum of Rs.2200/- towards legal fee and  litigation expenses. The OP shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance

 

Announced
dated:12.08.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

               

 (Smt.Shashi Sharma) (Anil Sharma)

          Member.           Member.

 

 

Present:        Sh.Mohit Sachdeva Advocate for the complainant.

                   OP ex parte.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:12.08.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

               

 (Smt.Shashi Sharma) (Anil Sharma)

          Member.           Member.