DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 100 OF 2018

Madhusudan Poi,

S/O- Krushna Chandra Poi,

RO: Cox Colony, Near Durga Mandap, Beheramal,

PS/Dist: Jharsuguda,Odisha……………………………....……………Complainant.

Versus

Sales Manager,

BIG BAZAR ( Future Retail Ltd.), Shanti City Centre,

At: Beside Satsang Bhawan, Sarbahal Road,

PS/Dist: Jharsuguda.……………….……….………………..….…….....Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Self.

For the Opp. Party                                    None(Ex-Parte)

.

Date of Order: 10.12.2019

Present

                                                  1. Shri Santosh Kumar Ojha, President-In-Charge,

                                                  2. Smt. Anamika Nanda, Member (W)

Shri S.K.Ojha, President-In-Charge: - The brief facts of the complainant’s case is that, the complainant has purchased loosed rice Kg-3.235g @ Rs40/- per Kg. from the O.P.No.1 on dtd. 06.11.2018 but the O.Ps while taking the bill price he has printed the same quantity but @ Rs.80/- per Kg. on the bill vide No.2588008000400466 dtd.06.11.2018.  The complainant approached to the O.P but the O.P instead of identifying his mistakes misbehave the complainant. Finding no other way the complainant knocked the door of this Forum for proper relief.

 On receiving notice the O.P fails to appear or file his written version and even after providing sufficient opportunities stand ex-parte ultimately.

Heard from the complainant, gone through the case record. On dtd. 06.11.2018 the complainant along with other articles purchased raw rice having quantity Kg 3.235g whose bill amount was printed as Rs.258.80 paise (Rs.80/- per Kg as per calculation) vide tax invoice No.2588008000400466 dtd.06.11.2018. The complainant alleges that the said raw rice was having displayed @ Rs.40/- and as per such price he got agreed to purchase the same. The complainant ordered for 3Kg of rice but the salesman approximately brought Kg 3.235g and packed the same and while paying the bill at billing counter the billing personnel printed the said rice @ Rs.80/- per Kg instead of Rs.40/- per Kg.  The complainant requested several times to rectify the error done by the billing personnel and return the excess amount taken but the O.P did not take any heed and misbehaved to the complainant which is bad in the eye of law. In contest the O.P kept silent in this case even after getting notice which reveals that he has nothing to say in this case.  

As per the present facts and circumstances the activities of the O.P arose towards unfair trade practice and deficiency in service towards the complainant.

Hence we are in considered opinion to allow the complaint petition with direction to the O.P. to return the excess amount of Rs.129.40 paise along with pay a sum of Rs.2,000/-(Rupees two thousand) only to the complainant towards harassment, mental agony including litigation cost within one month from the date of receipt of this order, failing which interest will be charged @ 12% per annum on the awarded amounts till realization.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of December’ 2019 and copy of this order shall be supplied to the parties as per rule.              

                                                       I Agree

                                                    A. Nanda, Member(W)                 S.K.Ojha, President-In-Charge          

                                                                              Dictated and corrected by me

                                        S.K.Ojha, President-In-Charge