The Complaint Case is dismissed as no merit. There is no Order of cost.

Full Order is prepared in a separate sheet.

ORDER

14/05/2009

This Complaint Case is filed by the Voluntry Consumer Association namely, “Consumer Club Manipur” being represented by its secy. Ch. Nabachandra Singh on behalf of Shri Meisnam Tombi Singh, S/o M. Maikoi Singh of Sekmaijin Khunou, P.S. Waikhong.

The Consumer herein is a purchaser of two engine bearing ( C.R. bearing) B. C 3160 from the shop of the Opp. Party (Nidhi Automobiles), Thangal Bazar, Imphal at the rate of Rs. 160/- (Rupees one hundred sixty). It is said that the purchaser came to know from the reliable sources that the rate/price of the said bearing, the purchaser requested to the Opp. Party to refund the said excess amount but the Opp. Party had no response. Hence the present Case.

After issuing notice to the Opp. Party, he filed his written version denying all the facts of the Complainant. It is further submitted in his written version that the MPR of the said C.R. bearing is Rs. 162/- ( Rupees one hundred sixty two) only and there is no questioned of overcharging (Annexure –R1) in the C.R. bearing . And further submitted that the present Complaint Case is not maintainable within the meaning of Section 2(d) and Section 11(2) of Consumer Protection Act. Hence for reject ting the present Complaint Case with heavy cost.

We have heard Shri Nabachandra Singh on behalf of the Complainant and Counsel of the Opp. Party length and perusal the documents on record submitted by the both Parties in support of their assess.

The Complainant could not produce any reliable document in support of his Case except the cash memo (Annexure A/3) issued by the Opp. Party at the time of purchase of the said C.R. bearing. On the other hand the Counsel of the Opp. Party produced paper packet of the said C.R. bearing (Annexure R1) showing the MPR.

On perusal of the said paper packet of the C.R. bearing (Annexure R1). We clearly seen that the MPR of the said C.R. bearing was written as Rs. 162/- and as such there is no question of overcharging of the said bearing.

From the above facts and circumstances, we are of the opinion that the Complainant has failed to establish his Case. Hence the Case is dismissed as no merit.

There is no Order of cost.