Haryana

Panchkula

CC/675/2019

RAVINDER LAL ARORA. - Complainant(s)

Versus

PAYI PAYI RETAILS. - Opp.Party(s)

AMARBIR SINGH DHALIWAL & SUNIT K. CHAUHAN.

11 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA

                                                      

Consumer Complaint No	:	675 of 2019
Date of Institution	:	20.12.2019
Date of Decision	:	11.02.2022

 

 

Ravinder Lal Arora son of Lt. Sh. Shori Lal, R/o Flat No. 23, GH-37, Sector-20, Panchkula (Haryana).

 

                                                                           ….Complainant

Versus

Payi Payi Retails, SCO 382, Sector 20, Panchkula through its Proprietor.       

….Opposite Party

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986 (AS AMENDED UPTO DATE).

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

 

For the Parties:   Complainant in person.

                        OP already ex-parte vide order dated 20.02.2020.

ORDER

(Sh. Satpal, President)

1.            The brief facts of the present complaint are that on 22.10.2019, the Complainant visited the OP’s shop wherein the salesman was describing about the products and specially told that the OP is giving heavy discount on Peanut Product as its price was Rs. 50/- and in offer, its price was Rs. 45/- per 200 gram packet. The Complainant purchased two packets of salted peanut alongwith other items. The Complainant got the total bill of whole items Rs. 500/- but on checking the Complainant found that the OP had charged the price of two peanut packets of 200 grams each as Rs. 110/-(Rs. 55/- for each packet) however the printed price is Rs. 50/- per packet. When the Complainant raised objections for charging high price, the OP said that its products are genuine and price of the products are reasonable and did not pay any heed to the request of the Complainant. Apparently, there are bright chances that the OP had been cheating their customers by raising/charging such high value bills by committing such irregularity. The act of the OP amounts to deficiency in service and indulgence in unfair trade practice. Hence, the present complaint.

2.             Notice was issued to the OP through registered post (vide registered post No.CH072439145IN on 20.01.2020) which was not received back either served or unserved despite the expiry of 30 days from the issuance of notice to OP; hence, it was deemed to be served and thus, due to non appearance of OP, it was proceeded against ex-parte by this Commission vide its order dated 20.02.2020.

3.             To prove his case, the Complainant has tendered his Affidavit as Annexure C-A along with documents as Annexures C-1 and C-2 in his evidence and closed the evidence by making a separate statement.

4.             We have gone through the entire record available on the file, minutely and carefully.

                Evidently, two packets of Khushboo peanut were purchased alongwith other items by the Complainant from OP vide bill dated 22.10.2019 (Annexure C-2). It is also evident that a sum of Rs. 55/- was charged for each packet of the said peanut. The Complainant has no dispute with regard to the quality and quantity of the said eatable product. The only grievance of the Complainant is with regard to the overcharging of the price by the OP while selling the said product to him. It is alleged that a sum of Rs. 20/- i.e. Rs. 10/- each per packet has been overcharged from him by the OP. In this regard, the Complainant invited our attention towards the price slip/tag having the bar code no. 9885225466008(Annexure C-1) wherein price of the product has clearly been mentioned as Rs. 45/- whereas the Complainant has been charged Rs. 55/- against Rs. 45/- per packet.       

5.             The OP did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against it. The non-appearance of the OP despite notice shows that it has nothing to say in its defence or against the allegations made by the complainant; and as such, the assertions made by the complainant go unrebutted and uncontroverted.

6.             In view of the fact that the OP neither responded to the notice nor had they opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of his grievances that the OP had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the Affidavit and Annexures in support thereof. Thus, we hold that the OP is liable to compensate the Complainant for the deficiencies in service and indulgence in unfair trade practice on its part.  

7.             As a result of the above discussion, we partly allow the present complaint and dispose of with the following directions to the OP:-

(i)      To refund a sum of Rs. 20/- i.e. the extra amount charged over and above the price of the product alongwith interest at the rate of 9% per annum from the date of bill dated 22.10.2019 (Annexure C-2)  till its realization, to the Complainant.

(ii)     To pay a lump-sum amount of Rs. 2,500/- to the Complainant,  on account of mental agony, physical harassment and litigation expenses.

 

8.             The OP shall comply with the order within a period of 45 days from the date of communication of copy of this order failing which the Complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

Announced: 11.02.2022

 

 

Dr. Sushma Garg          Dr. Pawan Kumar Saini                Satpal

                 Member                 Member                              President

 

Note: Each and every page of this order has been duly signed by me.

 

   Satpal                                                

                                               President