ORDER

12/01/2010

The Complainant by secy. Consumer Club is present. Order is prepared in a separate sheet.

The OP is directed to refund the amount of Rs. 4800/-, Rs. 2000/- for mental agony and Rs. 2000/- for litigation cost to the complainant in total Rs. 8800/-. The said total (compensation amount is to be deposited in cash or by cheque to this Office (Forum) within 4 (four) weeks of the passing of this Order.

This is dispose of the Complaint Case No. 15 of 2008. The Case of the Complainant in brief is that the Complainant purchased eighty bags of Cement (Birla Gold) on 12/7/2008 from the shop of the Opp. Party took a sum of Rs. 360 of each bags of cement at the time of the sale. It has been further alleged that the Complainant came to know the print price is Rs. 300 when she used the cement at her home and the Opp.Party tool an excess of Rs. 60/- per cement bag. It is further alleged that the Complainant approached the Opp. Party to refund the excess amount above the MPR but the Opp. Party has no response the same. Hence the present case for giving a direction to the Opp. Party for refunding the excess amount, a compensation amount of Rs. 10,000/- for ,mental agony, unfair trade practise, deficiency of service etc. and a litigation cost of Rs. 2500/-.

After issuing notice to the Opp. Party, one Robin Meitei of Thoubal is present on behalf of the Opp. Party with an authorization on the letter head of the Opp. Party and directed him to appear on the next date for consideration but inspite of several chances given to the Opp. Party, he failed to appear before this Forum without showing any cause. Hence this Forum proceeded the Case in the absent of the Opp. Party.

Heard Shri Ch. Nabachandra singh, Secy. Consumer Club Manipur on behalf of the Complainant and persused the documents in Support of the Complaint Case.

The Complaint has filed a purchase receipt of 80 bags of cement issued by the Opp. Party is annexure – 1 at the rate of Rs. 360/- per bag and one photo copy of cement bag with negative showing the MPR of Rs. 300/- as annexure –II.

On palin observation of these documents, this Forum clearly seen that the Opp. Party had sold the cement bags at the rate of Rs. 360/- per cement bag from the MPR of Rs. 300/-  and as such the commission of such acts of the Opp. Party, the Complainant has got suffered mental agony etc. Moreover, this Forum also feel that the Opp. Party has been playing a game of unfair trade practice to the purchases/consumers and as such the Opp. Party is liable under Sec. 2 (r) of the Consumer Protection Act 1986.

Hence, this Forum is directed the Opp. Party to refund the excess amount of Rs. 4,800/- to pay a sum of Rs. 2000/- as compensation for causing mental agony and unfair trade practice etc. with cost of litigation of Rs. 2000/- in total Rs. 8800/-.

Further, the Opp. Party is directed to pay the said total compensation amount within 4 weeks from the date of passing this Order and deposit the same in cash or by cheque to this Forum.

Hence the Complaint is allowed to this extent.