Chandigarh

DF-II

CC/122/2019

Jagan Nath Bhandari - Complainant(s)

Versus

Myntra Designs Pvt. Ltd. - Opp.Party(s)

In Person

03 Jun 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

U.T. CHANDIGARH

 

                                     

Consumer Complaint No.	:	CC/122/2019
Date of Institution	:	08.03.2019
Date of Decision	:	03.06.2019

Jagan Nath Bhandari, Advocate, Office Address: Chamber No.254/A, District Court, Sector 43, Chandigarh and r/o House No.12, Block A, Janta Nagar, Naya Goan, Mohali, SAS Nagar.

… Complainant

V E R S U S

Myntra Designs Pvt. Ltd., AKR Tech Park, B Block, 7^th Mile, Krishna Reddy, Industrial Area, Kudlu Gate, Bangalore 560058

… Opposite Party

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. PRITI MALHOTRA	MEMBER
	SHRI RAVINDER SINGH	MEMBER

                                                       

             

PRESENT	:	Sh.Satish Misra, Adv. for the complainant
	:	Sh.Rohit Kumar, Adv. for OP (OP already exparte).

Per RAJAN DEWAN, PRESIDENT

1.          The case of the complainant, in brief, is that on 21.02.2019, he purchased a pair of Black Shoes through online portal i.e. www.myntra.com.  The MRP of the said product was Rs.2999/-, inclusive of all taxes. After giving discount of Rs.2250/-, the OP asked him to pay Rs.786/- which was paid through net banking at Chandigarh.  However, he was shocked to see the invoice that after giving a discount, the OP has charged an additional amount of Rs.37.43P on the discount as GST which they could not charge legally. The complainant alleged deficiency in service and unfair trade practice on the part of the OP. Hence, the present consumer complaint praying for refund of amount of GST which was illegally charged alongwith compensation for mental agony and harassment and litigation expenses.
2.         Notice of the complaint was sent to OP seeking its version of the case.
3.         Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 18.04.2019.  Subsequently, Sh.Rohit Kumr, Advocate put in appearance on behalf of the OP and joined the proceedings at the time of arguments.
4.         The Complainant led evidence by way of affidavit and documents.
5.         We have heard the learned counsel for the parties and gone through the record of the case. 
6.         From the documents on record, it is evident that the MRP of the product in question was Rs.2999/-, inclusive of all taxes, which after giving discount of Rs.2250/-, came to Rs.784.57P.  As such, the maximum amount which could have been charged from the complainant, including GST, against the sale of the item mentioned above should not have been more than Rs.784.57P.  Further, in the tag of the product (Annexure C-1) it is clearly mentioned Maximum retail Price was “inclusive of all taxes”. However, despite that, the OP went ahead and charged GST extra of Rs.37.43P from the complainant. The complainant has also filed his duly sworn affidavit in support of his case.  As such, the act of the OP in charging GST extra from the complainant clearly proves deficiency in service and unfair trade practice on its part.  The OP did not contest the consumer complaint by way of filing reply and evidence. 
7.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed qua OP. The OP is directed as under:-

1. To refund the amount of Rs.37.43P (say Rs.37/-) illegally charged as GST from the complainant;
2. To pay an amount of Rs.1100/- to the complainant as compensation for deficiency in service on its part and causing mental agony and harassment to him;
3. To pay to the complainant Rs.1000/- as costs of litigation.

8.         This order be complied with by OP within 30 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

03/06/2019

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER