C.K. Lekhamma, Member.

          The facts of the complainant’s case are as follows:

          The complainant has placed an order for sixth sense Elite Brand Whirlpool 410 Litres Fridge from the first opposite party.  The delivery has been effected to the residence of the complainant on the very same day.   Thereafter complainant realized that the fridge delivered to him is not  the Elite Brand and sixth sense model  for which the complainant had ordered and paid for.  Complainant immediately informed the first opposite party.  On enquiry complainant realized that the Delux Model  for which the opposite party has collected the amounts.  Thus the 1^st opposite party had collected Rs. 4,700/- in excess  from the complainant and making him believe that the delivered fridge is the Elite Brand Sixth Sense Model.  Complainant alleges misrepresentation, breach of trust,  cheating and deficiency in service on the part of first opposite party. Aggrieved by the conduct of the first opposite party this  complaint is filed.  Hence complainant prayed before this forum to:-

          a.  Direct the opposite party to replace the Deluxe Model Fridge which they have delivered to the complainant with the Elite Brand Sixth Sense Model Fridge which this complainant has preferred and paid for.

          b. Direct the opposite party to repay and refund the excess amount collected from the complainant.

          c. Award the cost of the litigation from the opposite party

          d. Granting such other relief to the complainant which the court deem fit.

          2. 1^st Opposite party denied all the allegations in the complaint.  According to them the complainant placed an order for 410 liter  Deluxe professional Finish Whirl Pool Fridge to the 1^st  opposite party.  Accordingly the 1st opposite party issued an invoice of 26-07-2009 for the said model Fridge to the complainant.  The retail price for 410 liter Deluxe Professional Finish Refrigerator is Rs. 33,206/- and invoice was raised for an amount of Rs. 33,200/-.  The Fridge was delivered on 27-07-2009 and was installed by the technical staff of the 2^nd opposite party.  There was no objection whatsoever at that time.  In the above circumstances there is absolutely no bonafides in the allegation made by the complainant.  The 1st opposite party has not collected any amount in excess of what is fixed by the 2^nd opposite party.  Since the complainant purchased 410 Deluxe Professional Finish, he cannot now demand for another model without any reason whatsoever.  The allegation that the complainant immediately contacted the 1st opposite party etc., are all incorrect and is cooked up only for the purpose of this Complaint.

          3. The complainant appeared through the counsel.  Complainant examined as PW1  and Exts. A1 to A6  were marked on his side.  1^st opposite party represented and filed version.  Thereafter they abstained from the proceedings. Heard the counsel for the complainant.

          4. The points that came for our determination are as follows:

          i. Whether the complainant is entitled to get replacement of the fridge in question with the Elite Brand sixth sense Model Fridge or refund the excess amount collected?

          ii. Compensation and costs if any?

          5. Points Nos. i&ii.  The case of the complainant is that he placed an order for Elite Brand 6^th sense Model Fridge.  In stead of that 1^st opposite party collected the price of said Fridge and delivered the Delux Model which is of lesser price  than that of  former one.            There is no dispute with regard to the transaction.  .  Ext. A5 is the price list issued by 2^nd opposite party and Ext. A6 is the E-mail communication both show that the MRP of the 410 DLX PROF FINISH is Rs. 31,050/-on the relevant time of purchase.  As per Ext. A 1bill opposite party levied an amount of Rs. 33,200/- i.e. An excess amount of Rs. 2,150/-  from the complainant for  the very same commodity.  There is no contra evidence before us to disprove the contention of the complainant. The evidence of the complainant remains unrebutted. On going through  the evidence we  are of the view that  the said acts of 1^st opposite party clearly amounts to unfair trade practice within the purview of C.P. Act.  The opposite parties ought to have settled the genuine claim of the complainant as and when he approached them.  In spite of that the opposite parties contented the  matter which lead  the complainant  to knock at the doors of this Forum.  Hence that has to be compensated by 1^st opposite party to the complainant by way of money.  Moreover complainant is entitled to get the excess amount of Rs. 2,150/- with interest from the 1^st opposite party and the  complainant is also entitled to get cost of the proceedings.

          Therefore, we allow the complaint as follows:

1.      The 1^st opposite party shall refund Rs. 2,150/-, as the excess amount levied from the complainant.

2.      The 1^st opposite party shall pay compensation of Rs. 5,000/-  to the complainant for the unfair trade practice committed by them.

3.      1^st opposite party shall also pay litigation costs of Rs. 500/- to the complainant.

The said amounts shall carry interest @ 12% p.a. from the date of complaint till realization.

                   The above said order shall be complied with within a period of one month from the date of receipt of copy of the order.

Pronounced in the open Forum on this the  30^th day of June 2010