BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Sewa Singh, H.No.2123, Aman Colony, Dhanas, U.T., Chandigarh

….…Complainant

                                V E R S U S

Mandiyal Provisional & General Store, Aman Colony, Dhanas, U.T., Chandigarh.

                                        ..…Opposite Party

CORAM:    SH.RAJINDER SINGH GILL     PRESIDING MEMBER

                MRS. MADHU MUTNEJA                MEMBER

Argued by:            Complainant in person.

Sh.Krishan Chand, Prop. of OP

PER SH.RAJINDER SINGH GILL, PRESIDING MEMBER

               Briefly stated, the complainant on 9.7.2010 purchased one cold drink from OP Store.  It is averred that the OP charged him Rs.12/- for the said cold drink whereas the MRP mentioned on the bottle was Rs.10/-only.  The complainant objected to it and requested him to give him bill for the said purchase, but the OP flatly refused and misbehaved with him.  Hence, this complaint has been instituted alleging the above act of OP as deficiency in service.

2]             OP filed reply and denied that complainant had ever purchased any cold drink from his shop.  It is submitted that the rate of cold drink with minimum volume was Rs.12/- only and not Rs.10/- as alleged.  It is also submitted that all the companies are supplying the cold drink at Rs.10/- per bottle in wholesale and the shopkeeper are selling the same at the rate of Rs.12/- in the open market everywhere.  It is further submitted that the cold drinks come in different sizes and packs and rates are as per the volume of the cold drink and is clearly mentioned against each pack. Denying rest of the allegations, it is prayed that the complaint be dismissed.     

3]             Parties led evidence in support of their contentions.

4]             We have heard the complainant and OP and have also perused the record.    

5]             The contention of the complainant is that the OP sold him a cold drink at a higher rate of Rs.12/- than the printed rate of Rs.10/-. 

6]             On the other hand, the OP’s contention is that the complainant did not purchase any such cold drink from him and his allegations are totally false and baseless.

7]             The complainant neither produced any bill/receipt in respect of the said purchase nor any document to prove that the OP sold him a cold drink at a higher rate than its printed price.  In the absence of such document, it cannot be said that OP charged the complainant more than the printed price of the cold drink.

8]             In view of the above findings, we do not find any merit in this complaint.  Therefore, the complaint is dismissed.

              Certified copies of this order be sent to the parties free of cost.  The file be consigned.