DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.201 of 2019
Date of institution: 20.02.2019 Date of decision : 04.06.2019
Harkewal Singh son of Late Bali Singh, resident of Flat No. 1654, House Fed 2 Society, Sector 79, Mohali, Punjab.
…….Complainant
Versus
1. Myntra.com – Myntra Designs Private Ltd., 3rd Floor, A Block, AKR Tech Park, 7th Mile, Krishna Reddy Industrial Area, Kudlu Gate, Bangalore 560068, India through its Manager/Authorised Person/Owner/ Managing Director/ Director.
…Opposite Party No.1
2. Consulting Rooms Pvt. Ltd., Khasra No.14//6,7,13,14,15,17,18,23,24,25,16/1,2,9,10,11, 12/1, 17//3,4,5,6,7,8, 11/12, 12,13,14,15, Village Binola, Tehsil Manesar, Gurgaon, Haryana 122413 through its Manager/Authorised Person/Owner/Managing Director/ Director
…Opposite Party No.2
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Jobanprince Singh, counsel for complainant.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
As complainant is having his online account with OP No.1 and as such he purchased online product by paying amount of Rs.208.95 N.P. through retail invoice dated 15.07.2018. MRP of the product, sent by OP No.2 to complainant, was Rs.399/- inclusive of all taxes. After discount of 50% on MRP, payable price was Rs.199/-, but GST of Rs.9.95 N.P. (round off) charged, due to which complainant had to pay Rs.208.95 N.P. Practice of charging GST on discounted price is unfair trade practice and that is why this complaint for seeking refund of extra paid amount of Rs.9.95 N.P. with compensation for mental and physical harassment of Rs.30,000/-, but litigation expenses of Rs.10,000/-. Interest @ 18% per annum also claimed.
2. OPs are exparte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 and Ex.C-2 and thereafter closed evidence.
4. Written arguments not submitted, but oral arguments heard and records gone through.
5. Tax invoice Ex.C-1 produced on record shows as if amount of Rs.208.95 N.P. including Rs.9.95 N.P. as GST charged from complainant for product having MRP of Rs.399/-. After discount of Rs.200/-, payable price was Rs.199/-, but extra GST as referred above charged, despite the fact that MRP of Rs.399/- was inclusive of all taxes as per tag Ex.C-2. So virtually GST charged on the discounted price which is unfair trade practice. Practice of charging VAT or GST on the discounted price having MRP inclusive of all taxes has been deprecated by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as M/s Aero Club (Wood Land) through its Manager Vs. Rakesh Sharma bearing Revision Petition No.3477 of 2016 decided on 04.01.2017 as well as in case bearing First Appeal No.136 of 2017 titled as M/s Aero Club Vs. Ravinder Singh Dhanju decided on 23.05.2017 by Hon’ble State Consumer Disputes Redressal Commission, UT Chandigarh. Ratio of both these cases fully applicable to the facts of the present case. So practice of charging GST on the discounted price of the product having MRP inclusive of all taxes in this case certainly is unfair trade practice.
6. Complainant reposed faith in OP No.2 because of its having online mobile application with OP No.1. On the orders of OP No.1, product was supplied by OP No.2 to complainant. As both OP No.1 and 2 connived with each other paving way for shelling out extra amount of GST by complainant and as such liability of both the OPs for refund will be joint and several.
7. As a sequel of above discussion, complaint allowed exparte with direction to OPs to refund excess charged amount of Rs.9.95 N.P. with interest @ 6% per annum w.e.f. 15.07.2018 till payment. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against OPs whose liability held as joint and several. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
June 04, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
