DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.411 of 2017
Date of institution: 15.06.2017 Date of decision : 01.03.2018
Ashok Kumar son of Lt. Kanhya Lal, resident of House No.1263, Sector 34-, Chandigarh.
…….Complainant
Vs
1. Puma Viom Enterprises, GF-15, COSMO PLAZA, Zirakpur, Punjab-140603 through its Proprietor/Manager/Authorised Signatory.
……..Opposite Party
2. PUMA Sports India Private Limited, registered Office: 509, CMH Rd., Indira Nagar, Bangalore 560038, through its Proprietor/Manager/Authorised signatory.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Sahil Dawar, counsel for complainant.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, after knowing about the discount offer of OPs, visited premises of OP No.1 on 27.05.2017 for purchase of Ferrari Fan Wear Wallet, on which MRP of Rs.1,299/- (inclusive of all taxes) was mentioned. Retail invoice bill for amount of Rs.890.85 N.P. inclusive of Rs.111.45 N.P. as VAT @ 14.300% was issued, despite the fact that this VAT cannot have been charged on the discounted price. That practice of charging extra VAT on the discounted MRP alleged to be unfair trade practice and that is why this complaint for seeking refund of amount of Rs.111.45 N.P. with interest alongwith compensation for mental agony and harassment of Rs.40,000/-, but litigation expenses of Rs.20,000/-.
2. OPs are ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 and C-2 and thereafter closed evidence.
4. Written arguments not submitted but oral arguments heard and records gone through.
5. Contents of complaint as well as of affidavit and invoice Ex.C-2 establishes that Ferrari Fan Wear Wallet purchased by complainant after visiting OP No.1 at Zirakpur (District Mohali) on 27.05.2017 by paying price of Rs.890.85 N.P. including VAT amount of Rs.111.45 N.P. @ 14.300%. MRP of the purchased products mentioned as Rs.1,299/- (inclusive of all taxes) on the tag, copy of which is produced on record as Ex.C-1. It is not disputed that discount was granted on the MRP and it is on the discounted price that VAT @ 14.300% = Rs.111.45 N.P. has been charged. Practice of charging VAT on the discounted price has been held to be unfair trade practice as per law laid down by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as M/s Aero Club (Wood Land) through its Manager Vs. Rakesh Sharma bearing Revision Petition No.3477 of 2016 decided on 04.01.2017 as well as in case bearing First Appeal No.136 of 2017 titled as M/s Aero Club Vs. Ravinder Singh Dhanju decided on 23.05.2017 by Hon’ble State Consumer Disputes Redressal Commission, UT Chandigarh. In view of this legal position, certainly OPs adopted unfair trade practice by charging VAT on the discounted price, which caused mental harassment and agony to complainant, due to which he is entitled for refund of excess charged amount alongwith compensation for mental harassment and agony and also to litigation expenses.
6. As a sequel of above discussion, the complaint is allowed with direction to OPs to refund excess charged amount of Rs.111.45 N.P. with interest @ 6% per annum w.e.f. 27.05.2017 till payment. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
March 01, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
