Punjab

Patiala

CC/171/2018

Inderjit Singh - Complainant(s)

Versus

Mahindra Retail Private Limited - Opp.Party(s)

Sh Harpreet Saini

31 Oct 2018

ORDER

DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  PATIALA.

 

                                      Consumer Complaint No.171  of  07/05/2018

                                                            Decided on:       31/10/2018

 

Inderjit Singh age 44 S/o Late Harbhajan Singh R/o VPO Sataur, Tehsil and District Hoshiarpur, Punjab.

 

                                                                   …………...Complainant

                                      Versus

Firstcry.com Mahindra Retail Private Limited SCO 18 Near HDFC Bank, Leela Bhawan Complex, Bhupendra Road, Patiala 147001 through its Manager or authorized representative.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

 

QUORUM

                                      Smt. Neelam Gupta,  Member

                                      Sh. Kawaljeet Singh, Member                             

                                                                            

ARGUED BY:

                                       Sh. Harpreet Saini Adv.  counsel for the complainant.

                                      Opposite party  Ex-parte.

                                     

 ORDER

                                        SMT. NEELAM GUPTA, MEMBER

1.                  Complainant Sh. Inderjit Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.).

 2.               In brief the case of the complainant is that the complainant purchased one product from OP on 19/4/2018 having MRP of Rs.185/-. The OP offered discount of Rs.38.85/- on MRP on the said product and after discount the price of the product came out to Rs.146.15P. In addition to that the OP charged GST @ 12% (CGST @ 6% which came out to Rs.8.77P and SGST @ 6 % which came out to Rs.8.77P) on the discounted price of the product which amounted to Rs.17.54P and the  complainant had to pay Rs.163.49/- for the said product.  On seeing the bill, the complainant resisted the charging of GST by the OP, but the OP did not agree.  It is averred that the OP has charged excess price than the fixed price as the M.R.P. of the product included all the taxes and has thus charged tax on tax which is not only illegal but also an unfair trade practice on its part. He brought the matter into the notice of the OP but he told that GST is extra as per T&C and was charged as per directions and instructions given by the manufacturer. The act and conduct of the OP caused mental agony and physical harassment to him. Hence this complaint with a prayer for a direction to the Op to refund the amount charged in excess on account of Vat alongwith compensation and litigation expenses.

 3.               On being put to notice, OP despite service failed to come present and was accordingly proceeded against exparte.

4.                In support of the complaint, Ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith document Ex.C-1 original bill and closed the evidence.

5.                We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.

 

6.                Ex.C-1 is the copy of the Invoice, whereby the complainant purchased one product from OP having MRP of Rs.185/-. The OP offered discount of Rs.38.85P  and after discount the price of the product came out to Rs.146.15P. The OP charged GST @ 12 % which came out to Rs.17.54P.  It may be stated that as per Section 2(d) of the Consumer Goods(Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2014,  no  extra amount over and above the M.R.P., printed on the goods could be charged, even the same has been sold on discount, as M.R.P. has already been included  all taxes levied on the goods. Since the OP has charged Vat on the discounted price of the product, from the complainant,  in violation of Section 2(d) of the Consumer Goods(Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2014, therefore, it   has not only committed deficiency in service but also indulged in to  unfair trade practice. The OP is thus liable to refund the amount charged on account of Vat and also  liable to  compensate the complainant for causing  mental agony and physical harassment . It is also liable to pay litigation expenses. In the case titled as M/s Aeroclub (woodland) Versus Rakesh Sharma, Revision Petition No.3477 of 2016,  decided on 04 Jan 2017, the Hon’ble National Commission has already held that  “In our opinion, therefore, the defence of the Petitioners that they had charged VAT as per law is of no avail in so far as the issue at hand, viz. misleading advertisement, resulting in unfair trade practice, is concerned. We are in complete agreement with the Fora  below that any discount falling short of “Flat 40% on the MRP would amount to unfair trade practice, as defined in the Act”.

7.                In view of the aforesaid discussion, we allow the complaint and direct the O. P. in the following manner:

1. To refund Rs.17.54P rounded off Rs.18/-/- charged on account of GST ,  to the complainant.
2. To pay Rs.3000/-as compensation, for causing mental agony and physical harassment to the complainant.

        The O.P. is further directed to comply the order within a period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:  31/10/2018

                                                                  

 

                                                                        NEELAM  GUPTA

                                                                              MEMBER

 

 

KANWALJEET SINGH

           MEMBER