Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 163
Instituted on : 02.04.2019.
Decided on : 24.07.2023.
Deepa Jain age 48 years, d/o Sh. M.P.Jain, R/o H.No.1435-A/21, Prem Nagar, Police Line, Rohtak, Haryana.
………..Complainant.
Vs.
- M/s Reliance Fresh Ltd. Near Man Sarovar Park, Delhi Road, Rohtak(Through its Manager Incharge)
- M/s Reliance Fresh Ltd., 7th Floor, Palam Court, 20/4, Sukharali Chowk, Opp. Sector-14, Gurgaon, Haryana-122001(Through its Managing Director/Incharge)
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh. P.K.Jain, Advocate for the complainant.
Sh. Yogender Dalal, Advocate for opposite parties.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case, as per complainant are that on dated 16.09.2018, complainant had purchased some items including the packet of Besan (24 LM 500 gm) from the opposite parties. The MRP of Besan was printed as Rs.75/- but the complainant received the receipt of Rs.88.20/- The complainant visited the opposite party and made several requests to resolve the complaint of the complainant but they did not give any satisfactory answer and misbehaved with the complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund back the excess amount charged and also directed to pay Rs.1,50,000/- on account of harassment, Rs.1,50,000/- on account of deficiency in service and Rs.11,000/- on account of litigation expenses to the complainant.
2. On notice, the opposite parties appeared and filed their written reply submitting therein that the complainant had purchased the product and while billing due to certain barcode error, the billing computer erred in capturing the value of the said product. Consequently, the excess amount erroneously reflected in the bill was agreed to be deducted from the bill amount but the complainant was not ready for the same. It is further submitted that the alleged mistake was occurred solely due to incorrect bar code reading by the computer. There was neither any ill intention nor any ulterior motive behind the same which can be very well verified from the statement of the complainant wherein the complainant has ,herself admitted that the complainant is a regular customer of opposite party No.1 and this was first instance o the said lapse also the same can be verified from the invoice issued by the opposite party No.1 wherein amount several items purchased by the complainant, the said unintentional lapse occurred in only one item. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 27.02.2020. Ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A and closed his evidence on dated 21.10.2020.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, it is not disputed that as per the packet of Besan placed on record as Ex.C2, the price of Besan is Rs.75/- whereas as per bill Ex.C1, opposite party has charged Rs.88.20 i.e. Rs.13.20/- more than MRP for the packet of Besan(24LM 500 gm) which she had purchased from the opposite party on 16.09.2018. Complainant visited the opposite party and made several requests but no action was taken by the opposite party. The amount charged in excess was neither refunded by the opposite parties to the complainant nor any compensation was given for the same and she had to file a complaint before this Commission for her right. Hence there is deficiency in service on the part of opposite parties. As such opposite parties are liable to refund the excess amount charged i.e. Rs.13.20/- say Rs.13/- and also to compensate the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to refund Rs.13/-(Thirteen rupees only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 02.04.2019 till its realisation and shall also pay Rs.3000/-(Rupees three thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.07.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member
