Delhi

West Delhi

CC/15/252

Anoop Kumar Arora - Complainant(s)

Versus

M/S Infiniti Retail ltd. As Croma - Opp.Party(s)

15 Jul 2017

ORDER

  CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                 Date of institution: 22.04.2015

Complaint Case. No.252/15                                          Date of order: 15.07.2017

IN  MATTER OF

Anoop Kumar Arora S/O Late Shri Raj Kishan R/O H. NO.C-94, 2^nd Floor, New Moti Nagar, P.O. Ramesh Nagar, New Delhi-110015                                          Complainant

VERSUS

M/S Infiniti Retail ltd. As CromaR/O Del Rajouri-A044, New Delhi-110027

Present address:-Plot no.C-10, Croma Plaza, Ring Road, Rajouri Garden, Near Gurudwara, Delhi-110027                                                                                 Opposite party

 

ORDER

R.S. BAGRI,PRESIDENT

The brief facts of the present complaint as stated by the complainant are that the complainant purchased one water purifier on 25.10.2014 from opposite party M/S Infinity retail pvt. Ltd. for sale consideration of Rs.8500/-(Rs. Eight thousands five hundred). The complainant exchanged old purifier and opposite partygave rebate Rs.1500/-(Rs. Fifteen hundreds)in the bill.The complainant paid Rs.7,000/-(Rs. Seven thousands) to the opposite party. When the opposite party on 26.10.2014 delivered the water purifierfor installation at residence of the complainant, he noticed that the cover box ofthe purifierwas showing MRP Rs.7,990/-(Rs. Seven thousands nine hundred ninety). Whereas the opposite party charged Rs.8500/- from the complainant.The complainantenquired about the difference in the amount from engineer of theopposite party. Who was present for installation of the water purifier.But the engineer was unable to satisfy the query of the complainant.He asked  the complainant to contact higher official of the opposite party. Therefore, the complainant refused installation of the water purifier and visited office of the opposite party  and enquired why he charged more than the MRP shown on the cover box. The opposite partytold that the price is revisedand price shown on the cover box is old. Therefore, they have rightly charged according to the revised price. The complainant several times requested theopposite party to refund the excess amount charged. But they failed.Hencethe opposite party has adopted unfair trade practice and there is deficiency in service on their part. The complainant has suffered mental agony and harassment at the hands of the opposite party. Hence the present complaint for directions to the opposite partyto pay compensation of Rs.1,00,000/-(Rs. One lakh) for mental pain, agony and harassment and Rs.22,000/-(Rs. Twenty two thousands) for litigation expenses.

            Notice of the complainant was sent to the opposite party but none appeared on their behalf. Therefore, they were proceeded against ex-parte vide order dated 23.11.2015.

            When the complainant was asked to lead ex-parte evidence by way of affidavit he filed his affidavit dated 20.04.2015 narrating the facts of the complaint and relied upon annexure -A special power of atorny dated 02.04.2015, annuxer B copy of invoice dated 25.10.2014, annuuxer- Ccopy of receipt product delivery and exchange and annexure- D copy of photographs of cover box of the product in dispute .     

We have heard the complainant in person and have gone through the material on record carefully and thoroughly.

            The case of the complainant is that the opposite party has charged from him more than the MRP shown on the cover box of the product. The version of the complainant remainedunrebutted and unchallenged. There is no reason to disbelieve the unchallenged affidavit and version of the complainant.  From unrebutted version and evidence he has been able to prove that he purchased one water purifier on 25.10.2014 from theopposite party for sale consideration of Rs.8500/-. The complainant exchanged old purifier and theopposite party deducted Rs.1500/- from the total bill.Thecomplainant paid sum of Rs.7,000/- to the opposite party. But the cover box of the water purifier shows MRP Rs.7,990/-. Whereas the opposite party charged Rs. 8500/- from the complainant. The opposite party has charged more than the MRP shown on the cover box of the product.  Therefore, the opposite party adopted unfair trade practice and there is deficiency in service on their part.

In light of above discussion and observations complaint succeeds and is hereby allowed .We direct the opposite party to pay Rs.510/-(Rs. Five hundred ten)excess amount charged with interest @ 9% per annum from filing of the complaint till actual realization and  Rs.5,000/-(Rs. Five thousands) as compensation on account of mental and physical harassment and litigation expenses to the complainant.

Order pronounced on :15.07.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                          (R.S.  BAGRI)                              MEMBER                                                                                           PRESIDENT