ADV. RAVI SUSHA, MEMBER. This complaint for directing the opp.party to pay Rs.1,215/- and compensation and cost etc. The averments in the complaint can be briefly summarized as follows: The opp.party displayed and published the price of Hydro Power 60, Onida Washing Machine without free offer is Rs.6,590/- and the price with free offer prestige mixie is Rs.7,990/-. The complainant purchased a Hydro Power 60, Onida Washing Machine on 2.5.05 . Bill dated 2.5.2005 the opp.party have charged and received Rs.7,990/- from the complainant for the Onida washing machine without free offer prestige Mixie and the total amount charge and received Rs.11,185/- The opp.party should have charged only Rs.6590/-,l the opp.party displayed and published by billing an amount of Rs.7,990/- for the Onida washing machine . the opp.party cheated the complainant by resorting to an unfair trade practice. There is deficiency service on the part of the opp. Party.. Hence the complaint. The opp.party filed version contending interalia, the complaint is not maintainable either in law or on facts. The co plaint is also bad for non joinder of necessary party. The avement in para 1 of the complaint is false and hence denied. The opp.party is only a dealer to the said washing machine and those who make offer for sale promotion will be the concerned manufacturers. It is impossible to hold that a dealer who is getting a petty profit for selling a product having a value of Rs.7990/- is offering a free offer with the same which cost almost half of its value On 2.5.2005 the complainant had purchased an Onida Washing Machine worth Rs.7990/- and a Philips Mixie worth Rs.3195/- for a total amount of Rs.11,185/- out of which Rs.185/- was also given as discount by this opp.party. The opp.party has only billed for the actual amount due to them as per the prevailing price of the products sold. Some days after the purchase of the said washing machine the complainant approached the opp.party and demanded them to replace the same with a a higher model. The opp.party was not amenable to the said demand since it was used by him and the same has resulted in filing such a frivolous complaint with concocted stores which is nothing but an abuse of process of law. The complainant has no cause of action against this opp.party and his attitude in this regard is only to harass and thereby to derive unlawful gain. There is no deficiency in service or unfair trade practice Hence the opp.party prays to dismiss the complaint. Points that would arise for consideration are: 1. Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs. For the complainant PW.1 is examined. Ext. P1 to P5 are marked. For the opp.party DW.1 is examined. Points: Complainant’s case is that he had purchased a hydro power 60 Onida washing machine without free offer worth Rs.6,590/- from the opp.party’s shop. But opp.party has charged and received Rs.7990/- from him. Thus the opp.party have made an unlawful gain of Rs.1215/- from the complainant and this act of opp.party amounts to deficiency in service and prays for getting relief. Opp.party’s main contention is that the complainant had purchased an Onida Washing Machine which has a prize value of Rs.7990/- instead of Rs. 6590/- There is no dispute that the complainant purchased one Onida Washing Machine and Philip’s Mixie and amount charged and received was Rs.11185/- Dispute is only with regard to the prize of Onida Washing Machine. For proving the case the complainant produced Exts.P1 to P5. In Ext.P1 it is mentioned that Onida Washing Machine without offer is Rs.6590/- Opp.party objected this documents as it does not contain their seal or signature. Complainant produced Ext.P3 Advocate notice sent to opp.party and Ext. P4 its acknowledgement card. Even after accepting this Ext.P3 the opp.party did not try to sent a reply notice. That means the contentions in Ext.P3 are admitted facts. By considering Ext.P1 and Ext.P3 we are of the view that the complainant had purchase Onida Washing Machine without free offer prestige mixie and its prize value is Rs.6590/-. Hence there is deficiency in service on the part of opp.party. In the result the complaint is allowed. The opp.party is directed to pay Rs.1215/- with 12% interest from 2.5.2005 till the date of payment to the complainant. Opp.party is also directed to pay Rs.1000/- as compensation and cost. The order is to be complied with within one month from the date of receipt of this order. Dated this the 29th day of June, 2009. I N D E X List of witness for the complainant PW.1. – G. Bhaskaran List of documents for the complainant P1. – Delivery chalan P2. – Receipt P3. – Advocate notice P4. – Postal acknowledgement P5. – Acknowledgement List of witnesses for the opp.party DW.1. - Austin Bennan | 
