Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act 1986, against the Opposite party for repayment of excess amount collected and compensation of Rs.2,000/- with costs. 2. The case of the complainant is that on 29.04.2008 the complainant purchased one bottle of McDowell Whisky and another bottle beer of U.B. brand from the Opposite party and servant of the Opposite party collected Rs.225/- and when protested, they issued the receipt no.627, the price printed on McDowell whisky is Rs.134.95 paise and for U.B. Beer is Rs.45/- but Opposite party has charged Rs.170/- for whisky and Rs.55/- for U.B.Beer and thus collected excess amount of Rs.45.05 paise. Therefore, the Opposite party has committed unfair trade practice and rendered deficiency in service by collecting excess amount. Therefore, the present complaint is filed. 3. The Opposite party was served with notice and filed written version through P.A. holder admitting that the complainant has purchased McDowell whisky of 375 ML and UB 650 ML beer on 29.04.2008 under receipt no.627. According to the Opposite party, the complainant purchased chilled beer. Further, the Government of Karnataka has revised the price of IML/Beer in the Budget for financial year 2008-09 effective from 01.04.2008 and accordingly the prices of all the liquors are revised from 01.04.2008. Even though, the prices revised with effect from 01.04.2008 the rates on the bottle are not changed immediately since crores of bottles are there in the storage of distilleries of Karnataka & State Beverages Corporation and the bottles with revised MRP will be issued at the revised prices later only after 2 or 3 months. But the sale invoice prices will be revised with effect from 01.04.2008 and revised issue prices will be collected from the customers. The price of the McDowell whisky 375 ML is Rs.167.99 paise and for the U.B. Beer price is Rs.50/- and for the chilling beer charges Rs.3/- and packing charges is Rs.4.01 paise totally Rs.225/- has been collected and the same has been intimated to the customer. Intentionally the complainant has filed false complaint to defame the name of the Opposite party after lapse of three months from the date of purchase. Therefore, the complaint is liable to be dismissed with exemplary costs. 4. During trail, the Complainant has filed affidavit and is examined and Ex.C.1 to C.5 are marked. On behalf of the Opposite party P.A. holder is examined and Ex.R.1 and MO.1 & 2 are marked. 5. We have heard both sides. 6. Now the points that arise for our considerations are:- 1) Whether the Opposite party has collected excess amount than the MRP? 2) Whether the Opposite party has committed unfair trade practice? 3) Whether the complainant is entitled for the compensation? 7. Our findings and reasons are as here under:- 8. POINTS No.1 to 3:- The undisputed facts are that the complainant is a consumer of the Opposite party since he has purchased McDowell whisky 375 ml and U.B. Beer 650 ml from the Opposite party on 29.04.2008 and Opposite party has issued receipt no.627. According the complainant, the MRP of the McDowell whisky is Rs.134.95 paise as per Ex.C.4 and the MRP of the U.B. Beer is Rs.45/-. In spite of it, the Opposite party has collected Rs.170/- for McDowell whisky and Rs.55/- for the U.B. Beer. The collection of Rs.225/- and issuing of receipt Ex.C.1 is not disputed by the Opposite party. 9. The contention of the Opposite party is that the prices of the liquors were revised from 01.04.2008, but the prices are not changed immediately on the bottles as crores of bottles are there in the storage of the distilleries and State Beverages Corporation and the bottles with revised MRP will be issued at the revised prices later only after t or 3 months. But the sale invoice prices will be revised with effect from 01.04.2008 and revised issue prices (MRP) will be collected from the customers. According to the Opposite party, the revised price of the McDowell whisky is Rs.167.00 paise and for U.B. Expert Beer is Rs.50/-. Further contention of the Opposite party is that complainant purchased chilled beer bottle. Therefore, that Rs.3/- and packing charges of two bottles at Rs.4.01 paise has been included and hence Rs.225/- is collected and there is no unfair trade practice. The Opposite party has produced M.O.1 empty bottle of McDowell whisky (675 ML), wherein it has been packed on 12.04.2008 and the MRP is revised at Rs.167.99 paise and the original MRP is covered with black paint. Further, Opposite party has produced M.O.2 UB beer bottle and the MRP is Rs.50/- and it was manufactured on 26.04.2008. 10. Admittedly, the complainant purchased the whisky and beer bottle on 29.04.2008. The perusal of M.O.1 & 2 bottles clearly established that from 01.04.2004 itself, the MRP rate of the liquors have been revised. Particularly before the purchase by the complainant the MRPs are revised in the bottle itself. 11. Though the MRP of whiskies Rs.167.99 paise, but the Opposite party has charged Rs.170/- and though the MRP of beer is Rs.50/-, has charged Rs.55/-. The explanation of the Opposite party is that apart from the revised rates, since the complainant purchased chilled bottle of U.B. Beer, Rs.3/- is charged and packing charge of Rs.2.01 paise for whisky bottle and Rs.2/- for beer bottle are included and thus Rs.225/- is collected and hence there is no unfair trade practice. But the Opposite party has not whispered in his affidavit that the complainant purchased chilled beer bottle or the packing charges are also included in the bill except stating the revised rates of these bottles. There is no mention in the bill about the chilled beer or packing charges separately. So, the Opposite party has not proved that he has sold chilled beer bottle and the customer is liable to pay the packing charges. Packing charges for whisky small bottle and beer bottle cannot be accepted at all. Therefore, charging excess amount of Rs.7/- than the MRP rates is illegal and amounts to unfair trade practice and therefore, the Opposite party has committed deficiency in service. 12. The complainant sought for refund of the excess amount collected and compensation of Rs.2,000/-. In the circumstances of the case, the complainant is entitled to refund of Rs.7/- and compensation of Rs.500/-. 13. In the result, we proceed to pass the following order; ORDER The complaint is partly allowed, directing the Opposite party to refund Rs.7/- with compensation of Rs.500/- and cost of Rs.500/- to the complainant within 4 weeks from this day. Return M.O.1 & 2 bottles to the Opposite party. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 3rd day of October 2008). (PRESIDENT) (MEMBER) (MEMBER)
