Kerala

Idukki

CC/120/2018

T J John - Complainant(s)

Versus

Shope Manager - Opp.Party(s)

30 Aug 2019

ORDER

 

DATE OF FILING :11/06/2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of August 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 120/2018

Between

Complainant : T.J.John,

Thannickal House,

Mulakaramedu P.O.,

Nirmalasity – 685 515., Kattappana.

And

Opposite Party : 1 . The Shop Manager,

Beverages Corporation,

Retail Outlet, Shop No.FL.I-06021,

Kattappana, Idukki District, Pin- 685 508.

2 . The Managing Director,

Kerala State Beverages Corporation Limited (M&M),

Sasthamangalam P.O., Thiruvananthapuram.

(Both by Adv: V.C.Sebastian)

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

The complainant purchased one Litre Macdowell VSOP Liquor from the Kerala State Beverage Corporation, Kattappana Outlet on 12/04/18, through an invoice No.65433. The MRP printed in the liquor bottle is Rs.840/-. But the salesman of the above outlet realized Rs.850/- and it is evident from the bill, which they issued. In addition to the MRP, the beverage department authorities realized Rs.10/- without which is more than the printed MRP and it is against law and punishable U/s 18(2) of the legal meteorology packaged commodities Act 2011.

 

(Cont.....2)

 

-2-

 

The complainant further averred that, against the illegal acts he lodged a complaint before the Legal Meteorology Department, Udumpanchola and it is seen that, the legal Meteorology department conducted enquiry in this matter and registered a case against the opposite parties. So the complainant approached this Forum and filed this complaint for allowing the relief such as to direct the opposite parties to return the amount of Rs.10/- which was realized from him illegally along with compensation and cost.

 

Upon notice opposite parties entered appearance and filed detailed reply version contenting that the Kerala State Beverages Corporation increasing the price of the liquor as directed by the government with the consent of Tax department. Normally when the government decided for increasing the price of each liquor, the opposite parties corporation prepares the revised price schedule of each liquor as directed by the Government and send the schedule to each of their outlets. This revised price list is demonstrated in the notice board of each outlet and at the same time they changes the revised price in the billing machine also.

 

The opposite parties further contented that it is not possible to change the price of the each bottle which was already bottled and kept in the warehouse with old price tag. For that purpose, normally the corporation publishes the revised price in list of liquor in there notice board in each outlet mentioning the revised price of each liquor and the date from it is applicable. From that date onwards the opposite parties realizing the revised price as per the government order and it cannot be seen in the bottle which already bottled and sealed. In this bottle, the price sticker is fixed before it reaching to the warehouse.

 

Opposite parties admitted that legal meteorology department conducted inquiry in this matter on the basis of the petition lodged by the complainant herein. Opposite parties denied other averment of the complaint such as the mental agony caused to him due to the purchase of the liquor from the outlet of Kattappana.

 

(Cont.....3)

-3-

The evidence adduced by the complainant by way of proof affidavit and documents. Complainant was examined as PW1 and Ext.P1 to Ext.P7 were marked. Ext.P1 is the bill dated 12/04/18 issued by the KSBC, Kattappana Branch, Ext.P2 is the enlarged copy of price label, Ext.P3 is the reply received from the legal meteorology department, Ext.P4 is the reply received from legal meteorology department through RTI Act, Ext.P5 is the price list KSBC with affect from 01/04/18, Ext.P6 is the copy of the reply from the shop in charge of Shop FL.I-06021, Kattappana, Ext.P7 is the copy of intimation to the Additional Chief Secretary to Government dated 28/03/18 regarding the revision of the Sales Tax rate from 01/04/18 and practical difficulty in printing new MRP on bottle in stock.

 

From the opposite parties side Lal C. Renjith, Shop Manager of FL.I-06021 was examined as DW1.

 

Heard both sides,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsels for both parties and had gone through the records.

 

It is an admitted fact that the complainant purchased a one Liter Macdowell VSOP liquor from the outlet No. FL.I-06021 of Kerala State Beverages Corporation on 12/04/18. As per the Ext.P1 receipt, the Retail outlet No. 0663919 realized Rs.850/- for the bottle. The allegation of the complainant that instead of Rs.840/- which is specifically labeled in MO1 bottle, the opposite parties realized Rs.10/- additionally. For convincing his version complainant produced the liquor bottle and he filed the enlarged photos of the label affixed in the liquor bottle. On verifying this label it is seen that the maximum rates price is fixed in the bottle is Rs.840/-. This matter is challenged by the complainant by pointing out that it is against the section 18(2) of the legal meteorology packaged commodities Act 2011. Against this, the complainant lodged a petition before the legal meteorology department and from the records it is seen that after

(Cont.....4)

-4-

conducting inquiry, the legal meteorology department registered a case against the Foreign Liquor Shop Manager and it is pending.

 

On the other hand the learned counsel for the opposite parties vehemently argued that, Kerala State Beverages Corporation raised the price of all liquor including the Macdowell VSOP from 01/04/18. It is not practical in printing new MRP on bottles in stock. Hence the opposite parties company sent request to the State Government to incorporate the provision in the Foreign Liquor Rules to permit the corporation to sell existing liquor stock at its units at new MRP rate without printing new MRP on the bottles. On perusing the records Forum found that opposite parties send request to the controller of Legal Meteorology and Additional Chief Secretory on 28/03/18. But no evidence is produced by the opposite parties to convince the Forum that, whether the Additional Chief Secretary to the Government, or the Controller Legal Meteorology permitted the opposite parties to sell the liquor bottles in revised rate without printing the MRP on this bottles. It is seen that before obtaining such permission from the authorities, the Managing Director, KSBC (M&M) issued Circular to the Shops -in-Charge of their various beverages outlets and given permission to sell the liquor in revised price from 02/04/18 onwards without printing the new price on the liquor bottles. This circular was issued may based on the direction of the concerned department of the government. But no clear and cogent evidence is produced by the opposite parties for strengthening their plea. Hence the version of the opposite parties cannot be admissible due to the absence of such a material evidence. Hence it can be considered as the sale of the liquor above the printed MRP is a violation of the relevant section of Legal Meteorology Packaged Commodities Act 2011. The act of the Legal Meteorology Department by registering a case against the opposite parties in the same issue fortifying the version of the complainant.

 

On the basis of above discussion, Forum is of a considered view that, the opposite parties who is a part of government, violated the provision of the above said Act and it is a serious deficiency in their service on their part. Hence the opposite parties is liable to compensate the complainant for their above said act of realizing more amount than the printed MRP.

 

(Cont.....5)

-5-

Hence under the above circumstances Forum found that complainant is established his version with clear and cogent evidence and the complaint allowed. Forum direct the opposite parties to pay Rs.1000/- as compensation and Rs.500/- as cost of this complainant within 30 days from the date of receipt of the copy of this order, failing which the compensation amount alone shall carry 6% interest from the date of order till its realization.

 

Pronounced in the Open Forum on this the 30^th day of August, 2019.

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - T.J.John

On the side of the Opposite Party :

DW1 - Lal C. Renjith

Exhibits :

On the side of the Complainant :

Ext.P1 - The bill dated 12/04/18 issued by the KSBC, Kattappana Branch

Ext.P2 - The enlarged copy of price label

Ext.P3 - The reply received from the legal meteorology department

Ext.P4 -The reply received from legal meteorology department through RTI Act

Ext.P5 -The price list KSBC with affect from 01/04/18

Ext.P6 -The copy of the reply from the shop in charge of Shop FL.I-06021,

Kattappana

Ext.P7 -The copy of intimation to the Additional Chief Secretary to Government

dated 28/03/18 regarding the revision of the Sales Tax rate from 01/04/18

and practical difficulty in printing new MRP on bottle in stock.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

 

SENIOR SUPERINTENDENT