Punjab

Ludhiana

CC/18/173

Reena Singh - Complainant(s)

Versus

Mohindra Retail Pvt.Ltd. - Opp.Party(s)

05 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 173 of 13.03.2018

Date of Decision            :   05.06.2018

 

Reena Singh w/o Vijay Singh r/o House No.587, Sector-25, Panchkula.

….. Complainant

                                                         Versus

 

Firstcry.com Mahindra Retail Private Limited, 107/1A, Mall Road beside Surya Tower, Ludhiana-141001, Punjab through its Manager or authorized representative.

Opposite party

 

 

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

SH.VINOD GULATI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Harpreet Saini, Advocate

For OP                           :         Ex-parte.

 

PER G.K.DHIR, PRESIDENT

 

1.                Complainant purchased one product from OP on 12.02.2018 by paying amount of Rs.82.84P through invoice dated 12.02.2018. MRP of the said product inclusive of all taxes was of Rs.95/-. After discount of Rs.24.80P, the discounted price payable was of Rs.70.20P, but GST @18% of Rs.12.64P charged. That practice of charging GST on discounted price alleged to be an unfair trade practice and that is why, this complaint for seeking refund of excess charged GST amount of Rs.12.64P along with compensation on account of mental and physical harassment of Rs.20,000/- and litigation expenses of Rs.10,000/-.

2.              OP is ex-parte in this case because none turned up for OP, despite service of Incharge Sh.Ram Kumar.

3.                Counsel for complainant in ex-parte evidence tendered affidavit Ex.CA of complainant along with documents Ex. C1 and Ex.C2 and thereafter, closed the evidence.

4.                Written arguments not submitted, but oral arguments of counsel for complainant heard. Records gone through carefully.

5.                Tag Ex.C2 is produced on record to show that MRP of the purchased product inclusive of all taxes is Rs.95/-. Invoice Ex.C1 establishes that one Himalya(9404) product was sold on discounted price of Rs.82.84P. Discount inclusive of all taxes of Rs.24.80P was given on the MRP as per contents of Ex.C1. So payable discounted price was Rs.70.20P. However, on this discounted price of Rs.70.20P, CGST of Rs.6.32P and SGST of Rs.6.32P more charged. So, virtually Rs.12.64P has been charged as GST on discounted price for claiming total amount of Rs.82.84P from the complainant.

6.                As per law laid down in cases titled as M/s. Aero Club (Woodland) through its Manager vs. Rakesh Sharma, bearing Revision No.3477 of 2016 decided on 4.1.2017 by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi and Ethnicity vs Heena Aggarwal-2017(1)CLT-621(Chandigarh State Consumer Disputes Redressal Commission ), in case, discount on MRP is given under circumstance that MRP is inclusive of all taxes, then act of deliberately charging VAT/GST and other taxes on price after discount, is an unfair trade practice. In view of law laid down in above cited cases, it is obvious that an unfair trade practice adopted by OP in charging the GST of amount of Rs.12.64P after giving discount on the MRP. In view of adoption of this unfair trade practice, certainly complainant suffered somewhat mental harassment and agony and as such, she is entitled to compensation for mental harassment and agony along with litigation expenses.

7.                Therefore, as a sequel to the above discussion, complaint allowed ex-parte in terms that OP will refund excess charged amount of Rs.12.64P with interest @6% per annum w.e.f. 12.02.2018 till payment. Compensation for mental harassment of Rs.2,000/- (Rupees Two Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against OP. Payment of this amount of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

8.                File be indexed and consigned to record room.

 

                     (VINOD GULATI)                        (G.K.DHIR)

              Member                                                 President

Announced in Open Forum

Dated:05.06.2018

Gurpreet Sharma.