CDRF Wayanad Civil Station,Kalpetta North consumer case(CC) No. 89/2007
Jaffer
...........Appellant(s)
Vs.
Propriter,Suraj Auto Sales
...........Respondent(s)
BEFORE:
1. K GHEEVARGHESE 2. SAJI MATHEW
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
ORDER By Sri.K. Gheevarghese, President: The complaint filed under section 12 of the Consumer Protection Act. The complaint in brief is as follows. The Complainant is a taxi driver who purchased a TENI-X a heavy duty Bendix Drive Assembly on 11.01.2007 for his Jeep from the Opposite Party. The price received from the Complainant is Rs.300/-. After reaching home when the packet was inspected it was known to him that the leviable price of the material that he purchased is only Rs.205/-. The Complainant enquired the Opposite Party regarding the excess amount charged on the material. The Opposite Party was untenable and behave rudly. The sale of the material to the Complainant for a higher rate than the price printed on the packet is an unfair trade practice. The Opposite Party sold the material to the Complainant for a rate higher than the (Contd.....2) -2- labelled Maximum Retail Price. The Opposite Party is liable to indemnify the Complainant, the Complainant has suffered greate mental shock and agony in the unfair trade practice and deficiency in service of the Opposite Party. The Complainant is to be compensated for Rs.5,000/- and the excess amount collected from the Complainant Rs. 95/- is to be refunded and along with cost of Rs.1,000/-. The Opposite Party filed version on their appearance. The sale of TENI-X a heavy duty Bendix Drive Assembly sold at Rs.300/- by the Opposite Party to the Complainant is admitted. The Maximum Retail Price written on the packet is only a mistake committed by the packing staff of the Company. The price list issued by the manufacturer was explained to the Complainant. The mistake effected on packing and labeling. There was no misbehaviour from the part of the Opposite Party. The talking between the Complainant and Opposite Party were in presence of other mediators also and it was also cordial. The excess bill and unfair trade practice are nothing bu to harass the Opposite Party and to defane the reputation of the Opposite Party. The Opposite Party is bound to sell the article for Rs.315/- in its place the material sold to the Complainant was for Rs.300/- deducting Rs.15/-. The margin money was not collected from the Complainant there is no unfair trade practice or any negligence from the Opposite Party and the act of the Opposite Party caused no mental pain or agony to the Complainant. The Complainant is not entitled for any relief the complaint is to be dismissed with cost to the Opposite Party. The points in consideration are. 1.Is there any unfair trade practice in the sale of the article?. 2.Reliefs and cost. (Contd......3) -3- Point No.1: The Complainant is examined as PW1. The sale cash bill issued by the Opposite Party to the Complainant is Ext.A1. The packet of TENI-X, a heavy duty Bendix Drive Assembly is the Ext.A2. The maximum retail price inscribed in Ext.A2 is Rs.205/-, the month and year inscribed in that is April 2006. The contention of the Opposite Party that the article sold by the opposite Party to the Complainant is at a lesser rate of Rs.300/-. How ever the maximum retail price is not seen change in Ext.A2, notice was sent to the Opposite Party. Ext.A3 series are the copy of the notice, acknowledgment card and the postal receipts. The reply sent by the Opposite Party to the Complainant is Ext.A4. The Opposite Party is examined as OPW1. The price list of the purchase article is Ext.B1 marked with objection. This document is not proved by the Opposite Party. Ext.B2 is the goods consignment note sent to the Opposite Party. The documents produced by the Opposite Party could not establish that the actual rate of the articles sold sticks to the contention of the Opposite Party. Apart from that if there is any change in the price of the articles which are to be sold if effected the burdens, lies on the seller to ascertain himself that the goods sold as per the inscription of the rate on the envelop or packet. A purchases of a goods is bound to pay the amount labelled on the packet. If any variation of the prices whether high or law would be labelled or else it will become derogatory to the provisions of act. It is admitted that the articles sold to the Complainant is for an excess amount of Rs.95/-. A consumer rely on the inscription of the rate in purchase of a material. From the above inferences the Opposite Part's Act is absolutely an unfair trade practice. The point No.1 is found in favour of the Complainant. (Contd.........4) -4- Point No.2: The Opposite Party collected Rs.300/- from the Complainant in the sale of the TENI-X a heavy duty Bendix drive assembly, As per the Ext.A1 Cash bill the Opposite Party unauthorizedly received an excess amount of Rs.95/- from the Complainant and that amount is to be refunded to the Complainant. Towards the cost of the proceedings the Complainant is to be given Rs.500/-. In the result, the complaint is partly allowed the Opposite Party is directed to refund Rs.95/-, the excess amount collected from the Complainant along with the cost Rs.500/- to the Complainant within one month from the date of this order. In case of any failure on the part of the Opposite Party the Complainant is entitled to execute this order as per the provisions of law. Pronounced in open Forum on this the 7th day of March 2008. PRESIDENT: Sd/- MEMBER: Sd/- /True Copy/ PRESIDENT, CDRF WAYANAD. APPRENDIX Witnesses for the Complainant PW1 Jaffer Driver Witnesses for the Opposite party OPW1 Rajesh Business OPW2 Sabu Agriculture (Contd.........5) -5- Exhibits for the Complainant: A1 Cash Bill Dt: 11.1.2007 A2 A heavy duty Bendix drive Assembly A3 Series (1) Acknowledgement (2) Copy of the notice Dt: 19.1.2007 (3) Postal Receipts. Dt: 12.2.2007. A4 Reply Letter send to the Opposite party Exhibits for the Opposite party B1 List of the purchase article B2 Goods Consignment note PRESIDENT, CDRF WAYANAD.
