Punjab

Sangrur

CC/44/2021

Harjinder Singh - Complainant(s)

Versus

More Retail Limited - Opp.Party(s)

Sh. Ritesh Jindal

04 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

 

                                                                        Complaint No.44

 Instituted on:   12.01.2021

                                                                         Decided on:     04.10.2022

 

 

Harjinder Singh son of Sh. Harjit Singh, resident of Village Khetla, Tehsil Sunam, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

More Retail Limited (formerly known as Aditya Birla Retail Limited), Sunami Gate, Near IDBI Bank Limited, Roxy Road, Sangrur through its Branch Manager/ Authorized signatory.

             ….Opposite party

 

 

 

For the complainant    : Shri Ritesh Jindal, Adv.              

For the OP                : Ms Prerna Verma, Deputy

                                  Manager, Legal and Shri

                                  Hitesh Jindal, Adv.

 

 

 

Quorum                                           

JOT NARANJAN SINGH GILL:    PRESIDENT

SARITA GARG                          :    MEMBER

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

 

1.             Complainant has filed this complaint alleging inter-alia that on 6.10.2020 he purchased some household goods worth Rs.1507/- from the OP including Gulucon-D original Pet jar pack. Opposite party issued him invoice bearing number 3080-4195213653 dated 06.10.2020 which was also paid then and there.  This is how complainant acquired status of consumer vis-à-vis OP which in turns can also well termed to be a supplier.  However, complainant noticed that there was a free gift 250 Grams Gulucon-D amounting to Rs.82/- on the purchase of Gulucon-D original 1 KG pet jar pack, but the OP failed to supply the same and this fact clearly shows that the OP is selling the product without giving free gift. Thereafter the complainant immediately brought the matter to the knowledge of the OP and requested to provide the free gift or to refund the amount of Rs.199/-, but the OP misbehaved with the complainant instead of refunding of the amount. As such, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to refund the amount of Rs.199/- being price of the product and further to pay Rs.1,00,000/- as compensation on account of mental agony, harassment and Rs.11,000/- as litigation expenses. 

2.             After filing of this complaint, notice of the same was issued to the OP. The OP in its reply took some preliminary objections that the complainant has not come to this Commission with clean hands and has concealed material and important fact from this Commission. It is stated that customer purchased two packs of Glucon D one was having free gift of Glucon D orange color 250 G worth Rs.82/- which was provided to the customer at the time of billing and another Glucon-D he purchase same variant which is again green colour Glucon-D 250 Gm amounting to Rs.57/-. It has been denied that there is any deficiency in service on the part of the OP. It is stated further that the complainant never approached the OP at any time for any grievance.

3.             During this process, complainant tendered his sworn affidavit reiterating all the averments of the complaint as Ex.C-1 and copies of documents are Ex.C-2 to Ex.C-3 and closed evidence. On the other hand, the Op has not tendered any evidence.

4.             We have heard the contentions put forth by the learned counsel for the parties and have gone through the documents produced on the file.

5.             At the very outset, it is significant to note that the averments of the complaint stands duly substantiated through sworn affidavit of the complainant Ex.C-1 wherein the same were reiterated as to how the complainant purchased the product Gulucon-D original 1 Kg. pet jar for Rs.199/- and supported by copy of bill Ex.C-2. Ex.C-3 is the copy of Glucon-D jar which clearly shows that the Op was duty bound to provide Glucon-D 250 grams Worth Rs.82/-, which was not provided by the OP to the complainant as alleged in the complaint.  A bare perusal of the written reply shows that though the OP has mentioned in the reply that the glucon 250 Grams worth Rs.82/- was provided to the complainant at the time of purchase free of cost, but we are unable to accept such a contention of the learned counsel for the OP as there is no mentioning in the bill Ex.C-2 of providing free product to the complainant at the time of purchase of products by the complainant.  There is no explanation from the side of the OP that why this fact has not been mentioned in the bill Ex.C-2.   Mere saying in the reply by the OP that the free product was provided to the complainant at the time of sale/billing is not sufficient to prove this fact.  Even the OP has not produced any affidavit of the responsible official of the OP.  Even the written reply filed by the OP has not been properly signed and the verification thereof has also not been signed by any responsible official.  In the circumstances, we find it to be a clear cut case of deficiency in service on the part of the OP.

 

6.             Accordingly, this complaint stands allowed and the OP is directed to refund the price of Glucon D i.e. Rs.199/- along with interest @ 7% per annum from the date of payment till realization. We further direct OP to pay to the complainant a consolidated amount of Rs.3500/- as compensation for mental tension, agony and harassment as well as litigation expenses. We further direct the complainant to return the product to the OP.   This order be complied with by the opposite party within a period of 60 days from the date of receipt of certified copy of this order.

 

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

 

                                October 4, 2022.