This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The case of the complainant is that on 27.08.2022 the complainant went to the shopping mall of the O.P for purchasing some household articles. He purchased button mushroom-200 gm, Kiwy imported 1 piece, Brit NC Diges-1 kg, Dettol hand wash sensitive-75 ml. That after selecting the above products he went to the cash counter for paying the amount of the above mentioned products. After generating the bill he noticed that Rs.59/-(Fifty nine) has been printed on the price tag of the Button Mushroom-200 gm, but O.P has taken Rs.63/-(Sixty three only), more than the printed price tag. The complainant also stated that then he raised objection for the same to the employee who was serving at the time in cash counter but he has refused to refund the same to the complainant. The willful fraud practicing with huge number of customers like complainants he compelled to take action before the appropriate authority. The complainant prayed for an order directing the O.Ps to pay of Rs.3,50,000/- as compensation and the extra charges which was taken by the mall for Button Mushroom-200 gm.
The O.P/Reliance Smart, Reliance Retail Limited appeared before the Commission by filing their V.nama and written version. In reply the O.P averred that the MRP of the Mushroom was increased by the manufacturer from Rs.59/- to Rs.63/- during the transaction period. So the said mushroom was available at the stores of O.P with MRP Rs.59/- & Rs.63/-respectively. Though both the prices were available in the system in the store and the cashier who was at the sales counter did not verify or cheque with the actual price on the pack and due to which the complainant was over charged to the extent of Rs.4.00/- for 01 packet of mushroom. The O.P also stated that this was happened due to human error and there was malafide intention. The O.P also stated that the complainant has not filed any complaint in the log book maintained at their stores nor approached the store manager nor any notice was received by the O.P in this regard. The O.P prayed to dismiss the complaint with cost, as because there was no malafide intention by the end of the O.P.
D e c i s i o n W i t h R e a s o n s
In support of the case the complainant has submitted examination-in-chief supported by an affidavit and filed the documents i.e one xerox copy of tax invoice & a xerox copy of QR scan, verified with original (Original return to the complainant).
It reveal from the documents that the O.P charges extra Rs.4.00/- for 01 packet of Button Mushroom-200 gm but the original price was Rs.59/- (inclusive all taxes). At the time of hearing the O.P was absent before the Commission. None was appeared before the Commission on behalf of them. The O.P did not adduce any evidence in support of their written version/statement also did not submit any kind of documents. After absent in several hearing dates of the O.P the case was fixed ex-parte against the O.P.
The Commission observed that the O.P collected over charge from customer (complainant) in such a manner. It may also possible that the O.P must have continue this practice for years and collect a huge amount from the general customer. To curv such malpractice it was important to impose cost on the O.P.
Under the above facts and circumstances and discussion, we are of the opinion that the case of the complainant has been proved up to the mark being remain unchallenged.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the complaint case being No:C.C-67/2022 is allowed ex-parte against the O.P.
We do direct the O.P to pay Rs.4.00/- which was taken extra charge from the complainant along with compensation of Rs.3,000/-(Three thousand only) for harassment & mental pain and the litigation cost of Rs.1,000/- to the complainant.
The entire amount to be paid by the O.P within 01 month from the date of communication of this judgment, failing which the complainant may proceed according to Law.
Let a copy of this order be given to the complainant free of cost.
