DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 9th day of January, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 06/06/2022
CC/103/2022
P.N.Govindankutty,
Ashraya
No.9, Pudussery
Palakkkad – 678 623 - Complainant
(Party-in-Person)
V/s
Kishore Biyani
Future Retail Ltd., Regd. Off. Knowledge House
Shyam Nagar, Off. Jogeshwari
Worli Link Road, Jogeshwari (East)
Mumbai – 400 060 - Opposite party
(Ex-parte)
O R D E R
By Smt.Vidya .A Member
1. Pleadings of the complainant in brief
The complainant purchased a Profit Club card for an amount of Rs. 10,000/- from Big Bazar, Palakkad on 30/12/2021 on the repeated requests of a sales person of that shop. They promised that on payment of Rs. 10,000/- the complainant can purchase things for Rs. 1,000/- per month for the next 1 year i.e., for Rs. 12,000/- over a period of 12 months.
The complainant purchased grocery items only for 2 months and they found that the shop was closed from March 2022 onwards.
The complainant sent various e-mails to their Head Office and received a reply stating that the issue will be settled soon; but no action was taken till date. The employees in Big Bazar shop, Palakkad is not in a position to give any reply. Due to the deficiency in service on the part of the opposite party, the complainant had undergone great mental agony. So this complaint is filed to direct the opposite party to refund the amount deposited together with Rs. 3 lakh as compensation for mental agony suffered and treatment expenses, Rs. 50,000/- as court expenses (Total amount claimed is Rs. 3,60,000/-).
2. Complaint was admitted and notice was issued to the opposite party. Eventhough the opposite party received notice; they did not appear before the Commission. So the opposite party’s name was called in open court and set ex-parte.
3. The main points arising for consideration in this case are
- Whether there is any deficiency in service/unfair trade practice on the part of the opposite party?
- Whether the complainant is entitled to the reliefs claimed?
- Reliefs as cost and compensation.
4. Complainant filed proof affidavit and Exts.A1 and A2 were marked in evidence. Heard the complainant.
5. Points 1 to 3
Complainant’s grievance is that he purchased a Profit Club card for an amount of Rs. 10,000/- from Big Bazar, Palakkad on 30/12/2021 on the persisted request of a sales person in that shop. As per their promise, on payment of Rs. 10,000/- the customer can purchase things for Rs.1,000/- per month for a period of one year, that is for Rs. 12,000/- for 12 months. Further they can purchase the items through on-line and it will be home delivered. Believing the promise, the complainant purchased the card and they did shopping for Rs. 2,000/- in the months of January and February 2022. They found that the shop was closed from March 2022 onwards.
6. Complainant produced the copy of the Profit Club card which is marked as Ext.A1.
Complainant further contended that inspite of his repeated requests through e-mail to refund the amount deposited, the opposite party did not respond. Finally the complainant got a reply stating that the issue will be settled soon.
7. Complainant produced the e-mail communications between the complainant and the opposite party.
The e-mail sent by the opposite party on 12th March, 2022 states that “Please be assured that your balance is safe with us and it can be used in future. We will update all our customers once our shops are operational. Please give us a 15 to 20 days time.”
The reply mail clearly shows that the complainant’s contention is correct.
8. Even after receiving notice, the opposite party did not appear and file their version. So from the evidence adduced by the complainant, it is clear that there is deficiency in service on the part of the opposite party. It is their bounden duty to inform their customers and take necessary action if they close their shop or anything untoward happens. It is their responsibility to settle the issues of their customers who purchased the Profit Card on the assurance given by them.
9. The complainant is an aged person of 82 years and he had undergone mental agony because of the conduct of the opposite party and they are bound to compensate the complainant for that. Further this made him approach the Commission causing financial loss and other inconveniences.
In the result, the complaint is allowed.
- We direct the opposite party to refund Rs. 8,000/- being the balance in the profit card together with interest @ 9% from 03/01/2022 till realization.
- We also direct the opposite party to pay Rs. 10,000/- as compensation for their Deficiency in service and unfair trade practice and for the mental agony suffered by the complainant on account of that together with Rs. 5,000/- as cost of the litigation.
The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in the open court on this the 09th day of January, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Documents marked from the side of the complainant
Ext. A1 – Copy of the Profit Club card.
Ext. A2 – E-mail communications send by the complainant to the opposite party.
Documents marked from the side of opposite parties: NIL
Witness examined from the side of the complainant- NIL
Witness examined from the side of the opposite party- NIL
Cost- 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
