Punjab

Rupnagar

CC/22/130

Parveen Lata - Complainant(s)

Versus

Reliance Retail Ltd. - Opp.Party(s)

R.K Sharma

26 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROOPNAGAR

 

Consumer Complaint No.  130 of 2022

Date of Institution:          : 05.09.2022

           Date of Decision             : 26.05.2023

 

Parveen Lata aged about 58 years w/o Shiv Kumar Sharma s/o late Sh. Ganesh Dass, resident of 17-AR Nankpura Road near IIT Rupnagar, Tehsil & District Rupnagar.

 

….. Complainant

Versus

 

Reliance Retail Ltd through its Manager, RLJS Tower near G.S Estate Palace Ground and First Floor Chhoti Haveli Bela Road, Rupnagar Tehsil and District Rupnagar.

.

                                                                               …..Opposite party

 

(Complaint under the provision of Consumer Protection Act)

QUORUM:

 

SH.KULJIT SINGH, PRESIDENT

SMT. RANVIR KAUR, MEMBER

 

COUNSEL FOR THE PARTIES

For complainant                       :         Sh.Rajesh Kumar Sharma,

                                                          Advocate

For OP                                     :         Sh.Gagandeep Sharma,

                                                          Advocate

                            

Per : KULJIT SINGH, PRESIDENT

 

1.                 Brief facts of the case are that the complainant had order online for grocery 50 items from OP on 20.07.2022 against order no. 16583218620176374A. Order was received by him on 21.07.2022 vide invoice no. TCD712022502326, thereafter the complainant had paid online payment of Rs.4542/-. After receiving the grocery item , checked the same and found that one of the listed item i.e. Zandu Balm that item was not for sale but same will be given free along with Navrattan Cool. On Zandu Balm small pack 8 ML was written as free and amount mentioned as Rs.36/-  but the same crossed by the company at this product was not for sale as this product only free with Navrattan Cool TALC. The OP charged Rs.39/- from the complainant and order for new improved no.1 Zandu Balm and price of this item Rs.39/- but OP given item which was not for sale and price of item Rs.36/0 but crossed by the company. QR Code of product is 89012487011015 and in bill QR code mentioned by OP, so it is clear that OP charged Rs.39/- from the complainant wrongly as the item for not meant for sale.  The complainant contacted OP  regarding this un-trade fare practice on mobile store contact number and official Sachin  of OP had not admit the claim of the complainant rather demanded al the detail of order and item. The complainant provided all the information demanded by Sachin official of OP on 21.07.2022. OP assured him that if there is any fault then they can be rectified. But no action taken by OP even written complaint had made by complainant through whatsApp. The complainant had also written reminder to official of OP but he has not given any reply to the complainant. Thereafter the complainant again remind through whatsApp on 23.07.2022 but OP had not given any reply. Due to this act and conduct of OP, the complainant has filed the instant complaint and prayed that the OP be directed to refund the amount of zandu balm i.e. Rs.39/-  and also to pay Rs.20,000/- as compensation along with interest @ 18% per annum with Rs.10,000/- as litigation expenses.

2.                 Upon notice, OP appeared and filed the written reply and contested the complaint of the complainant by averring that the complainant had not purchased the alleged product i.e. Zandu Balm small pack 8 ML from OP. The EAN Number of the said product as mentioned in the complaint is not only wrong but the same is not reflected in the said invoice  which has been attached with the complaint.  The QR code which is mentioned in the complaint is 89012487011015 which is wrong  and the correct QR code is 8901248701105 but none of these QR are reflected in the invoice no. TCD712022502326 dated 21.07.2022 thus complainant is not a consumer of OP as the product alleged to have been received by the complainant in question has not been purchased by the complainant from OP.  The complainant had purchased a Zandu Balm small pack 8 ML and OP duly delivered the product to the complainant however the product being alleged to have been received by the complainant has not been procured by OP and does not have any record in the OPs stock list. As per policy, the OP does not accept ‘Note for sale’ products hence OP cannot deliver the alleged product.  OP has sold the product with EAN Number 8901248701105 with MRP of Rs.40/-  and same has been reflected in the invoice annexed in the complaint.  The complainant did not buy the alleged product from the OP and thus there is no question of return or replacement but still in order to help the complainant and safeguard interests, OP offered to replace the said product in question for the sake of retaining the complainant as its permanent customer, hence complainant shall not be considered as consumer with respect to the alleged product. OP does not recognize any private contact of any person in this regard. OP tried to resolve the issue amicably and offered the complainant that at best it can replace the product though it is submitted that there was no liability of OP in this regard. Rest of the averments of the complainant were denied by OP and it prayed for dismissal of the complaint.

3.                 The complainant has tendered in evidence her affidavit Ex.CW-1/A along with copies of documents Ex.C-1 to Ex.C-6 and closed the evidence. On the other hand, OP has tendered affidavit of Chirdeep Gupta Authorized Signatory as Ex.OP-1/A along with copies of documents Ex.OP-1 and Ex.OP-2 and closed the evidence.

4.                 We have heard learned counsel for the parties and have also gone through the record very carefully as well as written arguments filed by OP.

5.                 It is an established fact that the complainant had order online for grocery 50 items from OP on 20.07.2022 against order no.16583218620176374A and order was received by him on 21.07.2022 vide invoice no. TCD712022502326 for amount of RS.4542/-, this fact is clear from invoice Ex.C-1 placed on the record. As such, this fact is not disputed that the complainant booked the order for grocery with OP on online basis.  The main grouse of the complainant is that OP charged Rs.39/-  on zandu balm pack 8 ML from him but on this product it was mentioned as free with Navrattan Cool TALC. The OP pleaded that no ‘not for sale’ product was delivered by  the OP to the complainant. But from perusal of copy of invoice Ex.C-1, it has been revealed that disputed product i.e. zandu balm 8 ml mentioned in invoice for payment of Rs.39/-. From perusal of this, it has transpired that the OP charged Rs.39/- from the complainant but basically, this product is free on the Navrattan  cool TALC. As such, if this product is free and not for sale, then why this product added in the invoice bill Ex.C-1 on the record. This fact was also admitted by OP in para no.4 of their written reply that the product in question i.e. ZANDU BALM is not for sale. The complainant is consumer of OP and OP is service provider and being service provider it is bounden duty of the service provider to provide better services to its customer/complainant, but service provide/OP failed to do so in the instant case.  We have perused the copy of document Ex.C-4 i.e. photograph of Zandu Balm bottle, in this bottle, it has been specifically mentioned as “NOT FOR SALE”, meaning thereby it has been clear that this product is not for sale as is free on the item.

6.                Keeping in view the totality of the facts and circumstances, we allow the complaint of the complainant and OP is directed to pay Rs.39/- cost of the Zandu Balm product to complainant. The complainant is also entitled for Rs.1,000/- as compensation for mental tension and Rs.1,000/- as costs of litigation.

7.                The compliance of the order be made within 45 days from date of receipt of copy of this order.

8.                This complaint could not be decided within stipulated period due to heavy pendency of the cases. Copies of the order be supplied to the parties free of costs.

9.                File be indexed and consigned to the record room.

Dated         :26.05.2023                  

 

 

                                                                           (Kuljit Singh)

                                                                              President

 

 

 

                                                                            (Ranvir Kaur)

                                                                                Member