CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/475/19

                                                                                                   Date of Institution:-03.12.2019

                                                                                                  Order reserved on:-20.04.2023

                                                                                                       Date of Decision:-19.05.2023

IN THE MATTER OF:

Ravi Kant Kalia

R/o RZ-181, F1, Block,

Mahavir Enclave,

Gali No.-1, New Delhi – 110045                            .......Complainant

VERSUS

          Reliance Retail Ltd.

          Pinnacle Mall, GND Floor, Plot – 3,

          Opposite Dwarka Metro Station,

          City Central, Sector-10, Dwarka,

          New Delhi – 110075                                                 .…..Opposite parties

O R D E R

Per Dr. Harshali Kaur, Member

1. The complainant filed the present complaint handwritten by him U/S 12 of the Consumer Protection Act, 1986, alleging deficiency-in-service on the part of the O.P. before this Forum on 03.12.2019.

2. The complainant purchased a T.V. on 14.10.2019 from the O.P. He states that at the time of purchase/booking, he paid Rs.60,000/- rounded off from the consideration amount of Rs.59,990/-. He has annexed the copy of the retail invoice on page no.6 of his complaint.

3. However, when he was handed over the invoice towards his purchased T.V. on 01.11.2019, he found that the cost of the T.V. inclusive of Tax purchased by him was mentioned as Rs.57,310/-. He has annexed the invoice dated 01.11.2019 on pages no.1-5 with his complaint.

4. Feeling cheated, the complainant filed the present complaint before this Forum seeking only the balance amount from the O.P. of Rs.2690/- as he had paid Rs.60,000/- to the O.P. and the Bill raised inclusive of Taxes was given to him of Rs.57,310/-.

5. Notice was issued to the O.P. to file their reply. When the complaint filed the proof of adequate service, the O.P. was proceeded ex-parte vide order dated 14.10.2022 at 4.05PM after several calls. The complainant filed his affidavit to be read in evidence and stated that he did not wish to file any written arguments.

6. We have heard the final oral arguments of the complainant, who appeared in person and have carefully perused the documents filed by him to corroborate his sworn testimony. He has also proved all the documents on record.

7. We find that the complainant purchased a T.V. on 14.10.2019 from the O.P. and paid a sum of Rs.59,990/- as the billing amount. He alleges that he paid the rounded-off amount of Rs.60,000/- to the O.P. on 14.10.2019. He has also annexed the copy of the receipt generated by the O.P. duly paid by him as per the O.P. stamp, which also reflects that a demo was given to the complainant when the O.P. came to deliver the T.V. to the complainant on 01.11.2019. He was shocked to see that the retail invoice generated (page no.5) by the O.P. reflected Rs.57,310/- instead of Rs.59,990/-, which he had paid. He, thus, filed the present complaint praying for the balance amount taken from him amounting to Rs.2,680/-.

8. Since the O.P. is ex-parte, we have no reason to disbelieve the complainant’s testimony as filed by him, which remains unrebutted as the O.P. chose not to appear before the Forum despite adequate service to contest the present complaint.

9. However, a bare perusal of the receipt annexed by the complainant on page no.7 of his complaint clarifies that the T.V. of the complainant, i.e. SAMSUNG SSNU7090, was priced at Rs.62,990/-. The O.P. gave the complainant a discount of Rs.3,000/- which made the cost of the T.V. at Rs.59,990/- which the complainant paid to the O.P. as consideration amount for one T.V.

10. The receipt summary further clarifies the balance amount of Rs.2679/- sought by the complainant. The O.P. has failed to explain under what head was this amount of Rs.2,679/- charged from the complainant in the Tax Invoice given to the complainant of Rs.57,310/- after charging Rs.59,990/-. In our view, this act of the O.P. is tantamount to deficiency-in-service.

11. Hence, allowing the complaint, we direct the O.P. to either clarify this amount charged to the complainant and issue a new bill or pay this balance amount of Rs.2,679/- as prayed for by the complainant in his complaint with interest @9% from the date of filing this complaint on 03.12.2019 till realization.

• Order is to be given dasti to the contesting parties.
• The file be consigned to the record room thereafter.
• Announced in the open court on 19.05.2023.