Chandigarh

DF-I

CC/675/2021

Sandeep Kaur - Complainant(s)

Versus

Low Price Publications - Opp.Party(s)

Lalit Sharma

30 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/675/2021
Date of Institution	:	05/10/2021
Date of Decision	:	30/09/2024

 

Sandeep Kaur W/o Manpreet Singh, resident of H.No.291, Village Abheypur, Industrial Area, Ph-1, Panchkula, Haryana.

....Complainant

 

Versus

 

1. Low Price Publications, A-6, Nimri Commercial centre,

Near Ashok Vihar Phase-iv, Delhi-110052 Through its Manager.

 

2. Punjab Book Centre, SCO: 1126-27, Sector-22-B, Chandigarh through its Manager.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Lalit Sharma, Advocate for Complainant.
	:	Sh.Vishal Sharma, Advocate for OP No.1.
	:	OP No.2 ex-parte.

Per Suresh Kumar Sardana, Member

1.      Averments are that on 31.08.2021, the complainant went to OP No.2 in search of books and the complainant approached the person sitting on the counter and asked him to offer some discount, the request for the discount was honored by OP No.2 and OP ensured the complainant to give 20% discount. Thereafter the complainant purchased 10 books for Rs.3168/- dated 31.08.2021 and 4 books for Rs.1388/- from OP No.2. The total sale consideration goes to Rs.4556/- for 14 books Annexure-C-1. On the next day when complainant starts reading books, then it was found that the actual cost of one book was Rs.120/- only but a separate sticker was affixed was of LPP Rs.250/. Then the complainant checked the bill and it was Rs.250/- in the bill no doubt 20% discount was granted to the complainant by OP No.2. It is worth mentioning here that OP No.2 calculated the amount from the sticker and gave a discount to the complainant. So there was no fault found on part of OP No.2, but the said books belong to OP No.1. After removing stickers from the books, it was found that the complainant has paid Rs.4556/- for 14 books, where the actual cost was of Rs.4400/- and with discount, it goes to Rs.3925. Therefore OP No.1 gained through this unfair trade practice. As the encashed cost is duly displayed from the catalogue of the OP No.1. Thereafter, the complainant sent a legal notice to the OPs and replied by OP No.1 (Annexure C-3 & C-4). Hence, is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written reply and stated that when it revised prices in April, 2021, and made sure that the booksellers and who deal with them on a regular basis were duly informed about the same and provided with latest catalogue with revised prices. Till 2019-20, LPP did this by sending out printed catalogues. The same process was followed with Punjab Book Centre OP No.2, and OP No.1 sent latest catalogue to them by e-mail after they asked for the same. No price-list or catalogue of OP No.1 has been available on their website for download since it began, which was in the year 1996, as opposed to what has been mentioned by the complainant. It is also stated that no evidence has been placed on record by the complainant so as to prove that there had been any alleged pasted/affixed stickers of revised price on the books. Moreover, there is also no record to show that the OP No.1 is the publisher of all the books. It is further submitted that Annexure C-2 is a spreadsheet and not a catalogue and the same has been obtained/precured by the complainant from OP No.2. The books had been bought by the complainant from the OP No.2 and if any, grievance of the complainant is there, the same is with the OP No.2 and the OP No.2 shall be held accountable. On these lines, the case is sought to be defended by OP No.1.
3.     OP No.2 contested the consumer complaint, filed its written reply and stated that answering OP No.2 is a book seller, who has nothing to do with the present controversy between the seller and buyer. It is further stated that nothing is claimed against the answering OP No.2. On these lines, the case is sought to be defended by OP No.1.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case.
7.     The main grievance of the complainant is that the OPs have put higher price stickers on the original printed price of the books and in turn paid a higher total payment of Rs.4556/- where in the actual cost of books was Rs.4400/-.
8.     On perusal of para 6 & 7 of the complaint, it is observed that the complainant have paid an excess amount of Rs.156 (4556-4400) to the OPs. Since, it is an admitted fact on the part of OP No.2 that the new price stickers have not been placed over the original printed price on the books in question by it, rather their books were received from OP No.1 alongwith stickers on it and a price list was also received from OP No.1 and accordingly, it had sold the books on the price rate as printed on stickers. Hence, we are of the view, that the practice adopted by the OPs is an unfair trade practice & OPs are also deficient in providing service to the complainant, as they have charged extra.   
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. The OPs are, jointly & severally, directed as under:-

1. to pay an amount of ₹2000/- to the complainant as composite compensation for causing mental agony and harassment to her and litigation expenses.

10.     This order be complied with by the OPs within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, till realization.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

30/09/2024			[Pawanjit Singh]
Ls			President
			[Surjeet Kaur]
			Member
			[Suresh Kumar Sardana]
			Member