Filed On: 12.07.2013
Disposed On:09.07.2015
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR
PRESENT . THIRU. S. PANDIAN, B.Sc., L.L.M : PRESIDENT
TMT. S. SUJATHA, B.SC., : MEMBER-I
THIRU. V. VENKATESAN, M.A.B.Ed., MBA. M.PHIL.B.L., : MEMBER-I
Thursday, the Day of 9th July - 2015
C.C.No. 33/2013
Mr. Udhayan
S/o. Mr. Francis Gandhi
No. 197A, 2nd Street
Dr. Kalaingar Nagar,
Thiruvottiyur,
Chennai-600 -019. …Complainant
-Vs-
M/s. Sai Ram Motors
Rep by its Proprietor
Sakthi, Towers
No.882, MTH Road
Padi, Chennai – 600 050. …Opposite Party
Counsel For Complainant : M/s. R. NandaKumar, Advocate
Counsel For Opposite Party : Set Exparte
This Complaint is coming upon before us finally on 01.07.2015 in the presence M/s. R. Nandakumar, Advocate on the side of the complainant and non appearance on the side of the Opposite party, he was Set Exparte and upon hearing arguments on the side of the complainant and perused the documents and evidence, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
District Consumer Disputes Redressal Forum, Thiruvallur.
This complaint has been filed by the complainant U/S 12 of Consumer protection Act 1986 against the opposite party seeking direction to refund the sum of Rs.19/- towards the excessive price with interest of 18% from the date of purchases and to pay a sum of Rs.50,000/- towards compensation and the cost of Rs.10,000/-
The Brief Facts of the Complaint are as follows:
1. The Complainant purchased an Element Assy. Oil Cleaner (Bike Spare Part) from the Opposite Party on 08.04.2013 vide Bill No. MC13000075 for his own bike at a cost of Rs. 56/-. After the receipt of the said product, the complainant was observed that the actual price and MRP (Maximum Retail Price) is printed on the pack of the product is Rs. 35/- with inclusive all taxes but the opposite party was sold it on the complainant for Rs. 56/-. It was very shock and surprises for the complainant, immediately he was enquired about the same but the opposite party has replied in evasive manner with heart hurting words and scolds him with filthy languages without giving any clarification and proper reasons. Although he was tried to get clarification about the excessive price but all went in vain.
2. He was straight away returned the said product to the opposite party but the opposite party was refused to get it back and the opposite party threatened the complainant with dire consequences. It is crystal clear that the opposite party has been doing such an Unfair Trade Practice against the consumers. Therefore, the complainant was forced to issue a legal notice to this opposite party that directing the opposite party to refund the sum of Rs. 19/- towards the excessive price charged by them for the said product along with interest and also directed them to pay a sum of Rs. 50,000/- towards mental agony, Physical harassment, damages. But the opposite party neither responds nor gave any reply to such legal notice. Hence, this complaint is filed.
3. In spite of sufficient time and opportunities given to the opposite party, he did not chose to appear and hence he was Set Exparte. However, this forum wants to decide this complaint purely on merits.
4. In order to prove the case of the complainant, the proof affidavit is filed as his evidence and Ex.A1to Ex.A2 marked.
5. At this juncture, the points for consideration before this forum is,
(1)Whether there is any unfair trade practice on the part of the opposite party
as alleged in the complaint?
(2) To what other reliefs the complainant is entitled?
6. Written arguments submitted by the complainant
7. Point No. 1:- Regarding this point, the complainant is having the duty to prove the allegation made in the complaint which is settled principle of law. So this forum has to consider, whether the complainant placed before this forum though proper and relevant materials. At the outset, on careful perusal of the proof affidavit, it is learnt that the complainant had purchased an Element Assy Oil Cleaning (Bike spare part) from the opposite party on 8.4.2013 vide bill no.MC 13000075 for his own motor cycle, for a sum of Rs.56/- inclusive of all taxes which is marked as ExA2. Therefore, the complainant observed that the actual price and MRP(Maximum Retail Price) is printed on pack of the said product is Rs.35/- inclusive of all taxes which is marked as ExA1. Such being the Retail price as per ExA1, the opposite party has sold it for Rs.56/- to the complainant and immediately the complainant enquired the opposite party. But the opposite party replied in a even we manufacture that going any proper clarification and scolded with filthy language.
It is further learnt that the complainant has straightly away returned the said product but the opposite party refused to get it back and threatened him with dire consequences and there by the act of the opposite party amounts to unfair trade practice and caused mental torture and humiliation Hence, the complainant was constrained to issueExA3 legal notice to the opposite party and even received the same, the opposite party did not reply till date.
- At this juncture, on going through the above facts and observation, it is crystal clear that the complainant has clearly proved his case on the available evidence and documents. While so, despite of sufficient time and opportunities, given to the opposite party by this forum, he has not chosen to appear and rebut the evidence of the complainant which clearly shows the fact of truthfulness of the allegation made in the complaint. Moreover, the opposite party has not even come forward to sent any reply to the legal notice of the complainant ExA3 though received. From these facts, it can be very well presumed that the Act of the opposite party amounts for, unfair trade practice, provided under the consumer protection Act 1986. Moreover, this Forum can easily to draw an adverse inference against the Opposite party . Thus the point no.1 is answered accordingly.
10. Point no.2. In view of the decision arrived in the point no.1 the complainant is entitled to get relief of refund of Excess price charged and reasonable compensation with cost and answered this point accordingly.
In the Result, this complaint is allowed in part.Accordingly, the Opposite Party is directed to pay the excess price of Rs. 19/- (Rupees Nineteen Only) and to pay a sum of Rs. 5,000/- (Rupees Five Thousand Only) towards Compensation and cost of Rs. 2,000/- (Rupees Two Thousand Only) to the Complainant.TotalRs. 7,019/- (Rupees Seven Thousand & Nineteen Only).
The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which the said amount shall carry interest at the rate of 9% P.A. till the date of payment.
Dictated directly by the president to the Steno-typist, transcribed and computerized by her, corrected by the president and pronounced by us in the open forum on this the 9th July – 2015.
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MEMBER –I MEMBER –II PRESIDENT
List of Complainant Document:
Ex.A1 Dt. - - Xerox Copy of Lable and pack of product
Ex.A2 Dt. 08.04.2013 - Xerox Copy of Invoice Bill
Ex.A3 Dt. 20.04.2013 - Legal Notice with Acknowledgment Card
List of Opposite Party Document: - Nil-
Sd/-*** Sd/-**** Sd/-***
MEMBER –I MEMBER –II PRESIDENT
