By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
On 31/12/2022 complainant purchased two pairs of shoe for his children and the price of one pair of shoe is Rs .945/- as per the bill. But the complainant paid Rs. 900/- for one pair of shoe. When complainant’s children used the shoe, they happened to see the MRP affixed in the sole of the shoe is only Rs.399/-.This was not noticed by the complainant at that time of purchasing the shoe. Thereafter complainant carefully checked the price affixed in the shoe, he realised that shop keeper charged Rs.501/- more than the actual price of the shoe.
2. Complainant again stated that the owner of the shop has an intension of deceiving him as a customer. On the very next day complainant called the shop owner to inform about this to him, but he refused to agree the same. It is a clear deficiency in service and unfair trade practice from the side of opposite party. Selling a product at a price higher than its MRP is tantamount to cheating the consumer.Opposite party cheated the customer by selling a product with higher price than its MRP. Selling a product to a customer by charging more than the MRP is definitely an unfair trade practice from the side of shopkeeper. Hence this complaint.
3. The prayer of the complainant is that, he is entitled to get Rs.10,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3 and MO.1 Ext. A1 is the tag attached with the shoe which shows the price of the shoe (Original). Ext.A2 is the tax invoice (bill) given by opposite party to complainant on 31/12/2022 (original). Ext.A3 is the Photostat copy of the photographs of the above shoe. MO.1 is the shoe mentioned in the complaint.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. The Commission personally verified the MO.1. When verifying the shoe it is seen that the price affixed in the shoe is Rs. 399/-. It is a clear unfair trade practice from the side of opposite party. Opposite party cheated the complainant by selling giving a low priced item with a higher price. The MRP is only Rs. 399/- and they sold the item for Rs. 945/-. Hence the Commission finds that there is an unfair trade practice on the part of the opposite party as alleged in the complaint.
7. We allow this complaint as follows:-
- The opposite party is directed to refund Rs. 900/- (Rupees Nine hundred only) the cost of the shoe to the complainant and complainant is at liberty to take back the shoe from the Commission.
- The opposite party is directed to pay compensation of Rs.5,000/-(Rupees Five thousand only) to the complainant on account of an unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 1000/-(Rupees One thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of November, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 :Tag attached with the shoe which shows the price of the shoe (Original) Ext.A2 : Tax invoice (bill) given by opposite party to complainant on 31/12/2022
(original).
Ext.A3 : Photostat copy of the photographs of the above shoe.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MO.1 : Shoe mentioned in the complaint.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
