BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                       : MEMBER

SRI. VIJU V.R                                           : MEMBER

C.C. No. 202/2019 Filed on 29.06.2019

ORDER DATED: 31.12.2020

Complainant:

Rahul Thazhakandy, C/o Mohanan, T.C. 2/442, Saran Nivas, Mukkolakkal, Kazhakuttom P.O, Thiruvananthapuram.

                                                                         (Party in person)

Opposite party:

             Proprietor, Max Retail Division, First Floor, QRS Square, M.G. Road, Thiruvananthapuram.

                              (Party in person)

         The order delivered on 31/12/2020

ORDER

SRI.VIJU V.R : MEMBER

The complainant has presented this complaint before this Forum under Section 12 of the Consumer Protection Act 1986, alleging that he had purchased four T-Shirts from the opposite party. The next day he went to the shop for returning the T-shirts as it was longer in size. But the opposite party refused to exchange the T-Shirts citing the reason that “No Exchange & No refund On Discounted Items” was sealed on the bill. There was no display board inside the store to inform the customers about this condition and only when bill is handed over to the customer they seal the above quoted condition on the bill.  The act of opposite party amounts to unfair trade practice, for that effect he had filed this complaint before this Forum.

Opposite party entered appearance and filed version contending that there is no exchange and no returns on discounted products which was displayed by boards, by words and also printed in the invoice bill. They offer every customer for normal exchange which customers bought with normal rate. They only restricts exchange of products purchased on discounts, hence complaint may be dismissed.

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite party?
2. Whether the complainantis entitled to get the reliefs?

Issues (i) &(ii): Both these issues are considered together for the sake of convenience. The complainant has filed affidavit in-lieu of chief examination and has produced one document which was marked as Ext. P1. As per Section 14 of the Consumer Protection Act, 1986, any aggrieved consumer has a right to get relief against defective goods, deficiency in service, over price charges including unfair and restrictive trade practice followed by the traders, manufacturers and service providers.  The Consumer Courts have power to give directions to the opposite parties to repair/replace the defective goods or return money etc., to the aggrieved consumers. 

The opposite party has no right to impose a condition that there is no exchange & no refund even for discounted items. Whether discount may be given or not is up to the opposite party but printing such a condition even for the discounted items in cash bills amounts to unfair trade practice.  A customer who buys discounted items from the opposite party would be under the impression that even if the goods are defective he may in a position to get it replaced.  Printing such a non-return policy on the bill amounts to unfair trade practice.

The complainant was not cross examined by the opposite party.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant. Hence, we find that the complainant has succeeded in proving his case and there is unfair trade practice from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

In the result, the complaint is allowed. The opposite party is directed to   replace the T-Shirts and pay an amount of Rs. 5,000/- (Rupees Five Thousand Only) as compensation to the complainant and pay Rs. 1,000/- (Rupees One Thousand Only) towards cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 8% per annum from the date of default till realization. Further opposite party is directed not to print such conditions on bills in future which are Per Se illegal.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of December 2020.

          Sd/-

              P.V.JAYARAJAN                 : PRESIDENT

                    Sd/-

PREETHA G. NAIR              : MEMBER    

                     Sd/-

                                                                 VIJU V.R                          : MEMBER    

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C.C. No. 202/2019

APPENDIX

  I      COMPLAINANT’S WITNESS:

          PW1  - Rahul

II       COMPLAINANT’S DOCUMENTS:

P1     - Copy of bill

III      OPPOSITE PARTY’S WITNESS:

                    NIL

IV      OPPOSITE PARTY’S DOCUMENTS:

NIL

PRESIDENT

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