O R D E R
Per Sri M.V.L.Radha Krishna Murthy, Member:
This complaint is filed u/s 12 of Consumer Protection Act praying to award compensation of Rs.15,000/- towards mental agony and Rs.8,000/- for attending the Forum and Rs.3,000/- towards costs i.e., in all Rs.26,000/- against the opposite party.
2. The averments of the complaint in brief are as follows:
On 10-07-2011 complainant purchased 200ml milk packet from the opposite party, the opposite party informed the Milk packet price as Rs.8/-, on that he paid Rs.8/- to opposite party and after receiving the milk packet he verified the M.R.P. Price of the packet and found that the M.R.P Price of the said packet was mentioned as Rs.6/- including all taxes. While purchasing the milk packet by the complainant his friend who accompanied him was also present there. When the complainant and his friend demanded for the bill, opposite party refused to issue bill for the said milk packet and informed all milk vendors of the booths are collecting the same rate. Thus the opposite party collected more amount than the M.R.P. price for the milk packet and refused to issue bill for the same and thereby caused mental agony to the complainant. Hence the complaint.
03. The Averments of the Version of opposite party in brief as follows:
The complaint is not maintainable either under law or on facts. There is no necessity for opposite party to sell the Sangam Dairy Products as alleged, as the authorities fixed minimum retail price on products and the price list of the Sangam Dairy Products was also hanged out side the shop. Opposite party denied the allegation of the complainant that on 10-07-11 the complainant purchased 200ml Milk packet for Rs.8/- from the opposite party and demanded for receipt. The complainant never approached the opposite party for purchase of milk packet and opposite party never sold the same at higher rate of Rs.8/- instead of M.R.P. rate. On 10-07-11 complainant accompanied by his friends came to the shop of opposite party and demanded to pay Rs.1,116/- towards donation of their Association, for which opposite party refused as is not in a position to pay such huge amount. For that the complainant and his friends made discussions for a long time with opposite party and finally they left the shop of opposite party by threatening the opposite party that they will drag him on to roads. There are some political rivalry in the vicinity and the opposite group influenced the complainant to foist a false case against opposite party. Hence the complaint may be dismissed with costs.
04. Complainant and opposite party filed their respective affidavits in support of their versions :
On behalf of complainant Ex.A-1 empty milk packet was marked. No documents are marked on behalf of opposite party.
05. NOW THE POINTS THAT ARISE FOR CONSIDERATION ARE :
1. Whether there is a deficiency of service on the part of opposite party?
2. To what relief the complainant is entitled to?
06. POINT NO. 1 : The case of the complainant is that on 10-07-11 he approached opposite party and purchased 200ml milk packet from him, for which opposite party collected Rs.8/-, and on verification of the milk packet complainant found the M.R.P. Price of milk packet as Rs.6/- and questioned the opposite party for collecting more amount than the M.R.P Price and demanded for issuing bill for which opposite party refused to issue the same.
07. The case of opposite party is that complainant never purchased any milk packet from him and that they did not collect Rs.8/- for the milk packet instead of Rs.6/- M.R.P. price of the packet and that the complainant and his friends approached the opposite party on 10-07-11 and demanded to pay Rs.1,116/- towards donation of their Association, for which he refused as he has no capacity to pay such huge amount and the complainant and his friends left the shop of opposite party by threatening him that they will drag him on to roads, and that due to political rivalry complainant foisted the case against the opposite party.
08. Complainant filed affidavit of his friend Azmathulla in support of his contention. The complainant has not filed any affidavit of other milk purchasers from the opposite party. The complainant also field Ex.A-1 empty milk packet showing the M.R.P price of Rs.6/- and the date of the packet i.e.,10-07-11. Simply because he has filed an empty packet it cannot be fastened to the opposite party in the absence of any admissible evidence. The complainant has only filed the affidavit of his friend alleged to have accompanied him at the time of purchase milk packet. As already stated that he has not filed any affidavit of other milk purchaser who purchased milk from opposite party at the rate alleged by the complainant. If really the opposite party was selling the milk packet at a higher price than the M.R.P. rate, it may not be difficult for the complainant to obtain the affidavit of other milk purchasers and file the same before this Forum. But he did not do so. The counter allegation of the opposite party that the complainant accompanied by his friends approached him on 10-07-11 and demanded to pay an amount of Rs.1,116/- to their association for which the opposite party refused as he has no capacity to pay such huge amount and that the complainant foisted a false case due to political rivalry. In view of the said counter allegations of the opposite party against the complainant and in the absence of any evidence in support of the allegations of the complainant, it can be concluded that the complainant failed to prove the allegation levelled against the opposite party.
09. Therefore, in view of the foregoing discussion, we find no deficiency of service on the part of opposite party as complainant failed to prove the allegations levelled against the opposite party. Accordingly this point is answered.
10. POINT NO. 2 : In view of the foregoing discussion on point 1 the complaint is liable to be dismissed.
11. In the result, the complaint is dismissed. But in the circumstances of the case each party shall bear their own costs.
Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 10th day of April, 2012.
MEMBER MEMBER PRESIDENT APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.No |
DATE |
DESCRIPTION OF DOCUMENTS |
A1 |
10-07-11 B |
Empty Milk packet of 200ml, |
For opposite party: NIL
PRESIDENT
