DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.460 of 2016 Date of institution: 03.08.2016 Date of decision : 17.05.2017
Archit Gupta (minor) through his father Shri Ajay Gupta son of Tarsem Kumar Gupta resident of House No.1260, Sector 42-B, Chandigarh.
……..Complainant
Versus
1. M/s. Addidas India Marketing Pvt. Ltd. through its Managing Director, Unitech Commercial Tower-B, Sec. 45, Greenwood City, Gurgaon, Haryana 122001.
2. M/s. Addidas, AdiSports India Pvt. Ltd. through its Managing Director/Store Manager, Ground Floor 001, 1st Floor 40-41-42-43-44, Cosmo Plaza, NH 22, Mohali Zirakpur 140603.
………. Opposite Parties
Complaint under Sections 12 of
Consumer Protection Act, 1986.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member
Present: Shri Ankit Gupta, counsel for the complainant.
Opposite Parties ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Archit Gupta (minor) has filed the present complaint through his father Shri Ajay Gupta against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The OPs in order to promote sale of their products offered flat discount of 60% on shoes and apparels. Accordingly, on 08.07.2016 the complainant purchased a Men Lower and pair of socks vide bill dated 08.07.2016 for a sum of Rs.2046/-. However, in the bill the OPs charged an amount of Rs.116.7 towards VAT on the discounted price. The complainant objected to charging of VAT @ 6.05% on the discounted price. The OPs also could not show any such notification favouring such practice of charging extra VAT on the discounted MRP. The complainant got issued a legal notice dated 14.07.2016 to the OPs. Charging of VAT on the discounted MRP amounts to unfair trade practice and deficiency in service on the part of the OPs which has caused harassment, mention tension etc. to the complainant. Hence this complaint for giving directions to the OPs to refund extra amount of VAT charged to the tune of Rs.116.7 to pay him Rs.50,000/- for deficiency in service and unfair trade practice; Rs.25,000/- for harassment and Rs.15,000/- for litigation expenses and interest @ 24% per annum and Rs.5,000/- on account of delayed settlement of claim.
3. As per the India Post Tracking report, the notice sent to the OP No.1 and 2 were delivered upon them on 27.08.2016 and 26.08.2016 respectively. However, none appeared for them and the OPs were thus proceeded against ex-parte vide order dated 29.09.2016.
4. In order to prove the case, the father of the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of bill Ex.C-1; legal notice Ex.C-2 and postal receipt Ex.C-3.
5. The counsel for the complainant has argued that the OPs had offered discount of 60% on their products and accordingly he purchased the products. However, the OPs have illegally charged VAT on the discounted price which as per the complainant is unfair trade practice and deficiency in service on the part of the OPs.
6. After hearing the learned counsel for complainant and going through the pleadings, evidence and the written as well as oral submissions, we find that in Ex.C-1 it is no where mentioned that MRP of the products purchased by the complainant is inclusive of all taxes. The OPs have charged 6.05% VAT after giving discount on the purchased products. However, when it is no where mentioned that the MRP of the products is inclusive of all taxes, it cannot be said that the OPs were not entitled to charge any VAT on the price after giving discount. Thus, we hold that there is no deficiency in service or unfair trade practice on the part of the OPs.
7. Accordingly, in view of our aforesaid discussions we hold that the complainant has not been able to prove any deficiency in service or unfair trade practice on the part of the OPs. Hence, the present complaint is dismissed with no order as to costs.
The arguments on the complaint were heard on 08.05.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 17.05.2017
(A.P.S.Rajput) President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
