DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.516 of 2015

                                                Date of institution:  07.10.2015                                         Date of decision   :  20.09.2016

Naresh Kumar son of Om Parkash resident of House No.111/9, Deep Nagar, Kharar, District Mohali.

 ……..Complainant

                                        Versus

1.     Reliance Retail Ltd., Sungumberg Mall (North Country Mall), NH-21, Mohali-Kharar Road, Mohali (Punjab) through its Manager.

2.     Reliance Retail Ltd., Sungumberg Mall (North Country Mall), NH-21, Mohali-Kharar Road, Mohali (Punjab) through its Admin Head namely Mr. Aashish.

                                                           ………. Opposite Parties

Complaint under Sections 12 to 14

of the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President                          Shri Amrinder Singh Sidhu, Member.

Mrs. R.K. Aulakh, Member.

Present:    Shri S.S. Lakha, counsel for the complainant.

                Shri Rajat Pabbi, counsel for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Naresh Kumar son of Om Parkash resident of House No.111/9, Deep Nagar, Kharar, District Mohali, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant purchased two White Sandwich Breads alongwith other items on 06.09.2015 from the OPs. The actual price of the bread was Rs.18/- but after reaching home the complainant checked that the OPs had charged Rs.47/- for one bread weighing 1200 grams but the weight of the bread was not 1200 grams. The complainant visited the OPs on the next day and complained about overcharging of price of the bread and OP No.2 assured the complainant that he will look into the matter and will resolve the same.  Initially OP No.2 agreed that wrong batch/label was got pasted on the said bread which was part of lot of atleast 300-400 breads which also has wrong batch no./label pasted on them.  However, later on the Ops flatly refused to reimburse the excess amount to the complainant. This act of the OPs amounts to unfair trade practice.  Hence this complaint for giving directions to the OPs to pay him Rs.1,00,000/- compensation for mental pain/harassment etc. and Rs.10,000/- as litigation expenses with interest @ 12% per annum.

3.             The complaint is contested by the OPs by filing written statement in which they had raised certain preliminary objections, inter alia, that the complaint has been filed with ulterior motive for undue gains.  The complainant shopped on 06.09.2015 vide bill No.9327101924900141. His bill showed that he had purchased two white Sandwich Bread. As per the complainant he had purchased 2 breads of 300 grams from the OPs but was billed for 1200 gram each bread at the price of Rs.47/- each. However, the bill attached with the complaint shows that the complainant purchased two sandwich breads weighing 1200 grams and was billed accordingly.   On merits also, the OPs have denied the averments of the complaint and prayed for dismissal of the complaint.

5.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of bill Ex.C-1 and wrapper Ex.C-2.  In rebuttal the OPs tendered in evidence affidavit of Dalip Singh, their Store Manager Ex.OP-1/1.

6.             The learned counsel for the complainant has argued that the actual price of the bread was Rs.18/-  of 300 gram bread but after reaching home the complainant checked that the OPs had charged Rs.47/- for one bread weighing 1200 grams but the weight of the bread was not 1200 grams.

7.             On the other hand learned counsel for the OPs has argued that the bill showed that the complainant had purchased two white Sandwich Bread. Learned counsel further argued that the complainant had failed to place on record any cogent evidence to prove that the purchased breads were not weighing 1200 grams and in the absence of that the complaint is liable to be dismissed.

8.             We have gone through the pleadings, evidence and written as well as oral submission of counsel for the parties.  The complainant has failed to prove on record that the breads purchased by him were not of 1200 grams for which he had paid the charges vide bill Ex.C-1.  In the absence of any cogent and convincing evidence, we are of the view that the complainant has failed to establish his case. 

9.            Accordingly, in view of our above discussion, the   present complaint is devoid of merits. Hence, the complaint is dismissed with no order as to costs.

                The arguments on the complaint were heard on 14.09.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 20.09.2016    

                                         (A.P.S.Rajput)           

President

(Mrs. R.K. Aulakh)

Member