Punjab

Fatehgarh Sahib

RBT/CC/991/2018

Rajinder Pal Singh - Complainant(s)

Versus

Reliance Market - Opp.Party(s)

Jasjot Singh Sandhu

30 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/  991 /2018

Complaint No. 991 of 2018

                                                                   Date of Institution:25.09.2018

                                                                   Date of Decision: 30.08.2022

 

Rajinderpal Singh son of Late Sh. GurcharanSingh, Resident of House no.194, Phase 7, Mohali.

                                                                                      …………....Complainant

                                                Versus

1. Reliance Market, A Division of Reliance Retail Ltd., Reliance Market Sungumberg Mall, NH21, Mohali Kharar Road, Mohali, through its Store Manager (140121).
2. Reliance Retail Ltd, Mumbai, No.8 A wing, Ist Floor, Thane Belapur Road Ghansoli, Navi Mumbai 400701.

..………....... Opposite Parties

Complaint under Section 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. Jasjot Singh Sandhu,Adv, counsel for the Complainant.

     Sh. Rajat  Pabbi,Adv. counsel for OPs no.1 and 2 .

 

Order By

 

SHIVANI  BHARGAVA, MEMBER

 

1.               The present complaint has been filed by the complainant Under Section 12 of CPA 1986(old) against the OPs (opposite parties), alleging  deficiency in service that Ops has charged the price of goods  more than M.R.P. For this OPs no.1 and 2 are liable for unfair trade practice and deficiency of service  with the prayer for giving  direction  to the  OPs to compensate  him for Rs.50,000/- for  deficiency in  service, harassment and mental agony along with R.15000/- for litigation expenses and to refund Rs.36/-, which have been overcharged on the MRP of the product
2.                  The brief facts of the complaint is that the  complainant had purchased some grocery items from Ops store on 21.7.2018 for Rs.1542/-  . Complainant purchased six packets of Cadbury bournvita biscuits. The price of  one packet of  biscuits is Rs.25/-  as mentioned on the packet but Ops charges Rs.28/- for one packet  i.e Rs.3 more than M.R.P. Ops took Rs.18 more for six packets of biscuits. It is alleged that the complainant after purchase of grocery  material came to know that OPs have charged more than M.R.P. The matter  was taken  up with OP no.1 for refund, but  all in vain. Hence this complaint.
3.           Notice of the complaint was given to the OPs. They appeared and contested the complaint jointly and filed their written version, interalia, admitting the basic facts of the case. It has been pleaded that it was due to technical error of machine or wrong printing of bar code, which was  not intentional, malafide or illegal to gain something. Thus pleading that there is no deficiency in service or unfair trade practice on its  part,  Ops has prayed for dismissal of the complaint
4.   The parties led evidence in support of their contentions.
5.   In order to prove his case, complainant tendered his  affidavit and  documents as Ex.C1 to Ex3. On the other hand  OPs  filed affidavit of Store Manager  and closed their evidence.
6.  We have heard counsel for the complainant and OP and gone through the entire record of the case .
7. There is no dispute about the fact that complainant had purchased six packets of Cadbury bournvita biscuits from OP no.1 , from the store provided by OP no.2,  against the payment of Rs.168/- as mentioned in bill as Ex.C1. Photo copy of bill is also on record. While  the MRP printed on the packet of biscuit was Rs.25 and thus Rs.3 was overcharged by OP no.1 for one packet against MRP mentioned  on the packet as per Ex.C2.  So in total Rs.18/- charged more  against six packets. The complainant has also produced on record  photo copy of wrapper of said biscuits .
8. The Ops no.1 and 2 contented that it was  never having any intention to trade unfairly or unjustiably  and the mistake occurred due to technical error of billing  software. When it was  brought to their notice at the store they did not pay any heed to it. The act of Ops no.1 and 2 for charging more than MRP clearly reveals that it is deficient in  rendering  proper services to the complainant  and is guilty of unfair trade practice . A consumer cannot be charged more than the MRP printed on the goods by the manufacturer. MRP is  the price at which the product will be sold in retail store and it includes all applicable  taxes.   From the record on the file it is noted that  overcharged amount was Rs.18/- not Rs.36/-.
9.                Accordingly the present complaint is  partly allowed. The Ops no.1 and 2 are directed jointly or severally  to refund  extra charged amount of Rs.18 to the complainant and to pay Rs.1000/- for mental and physical harassment  and also for  deficiency in providing services  by adopting  unfair trade practice and to Pay  cost of litigation to the tune of Rs.1000/- to the complainant . The above said order shall be  complied with in 45 days from the date of receipt of its certified copy by the Ops, thereafter it shall be liable for an interest @ 6% P.A on the amount  of  Rs.18/- from date of filing of present complaint till its realization. Failing which  complainant  shall be   entitled to get the order implemented  through  legal process. The complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency. Copy of this order be sent to the complainant and the OPs as per rules. The file be returned back to the District Consumer Commission, Mohali for consignment.

Announced: 30.08.2022

                                                           

                                                                               (Pushvinder Singh)

                                                                              President

 

(Shivani Bhargava)

                                                                              Member

                                                                            

(Manjit Singh Bhinder)

                                                                              Member