By Sri. Mohamed Ismayil. C.V, Member
The grievance of the complainant is as follows:-
1. On 16/09/2019, the complainant approached to the shop of the opposite party to purchase footwear for the son of his elder brother. The complainant selected a pair of footwear in the name of ‘Style Art No. 5410, Size 13’’. The opposite party issued bill No. 12693 and price of the footwear is mentioned as Rs. 299/-. But the opposite party collected Rs. 290/- only after deducting Rs. 9/- from the above said bill. When the complainant reached at home, he noticed that the price of the footwear was recorded as Rs. 279/- on the footwear instead of Rs. 299/- as printed in the bill. Then the complainant approached to the shop of the opposite party, but the opposite party turned down by scoffing that this the way he do the business. The act of the opposite party caused mental agony and financial loss to the complainant. The complainant stated that there is deficiency in service on the part of the opposite party. So the complainant prayed for a direction to the opposite party to pay Rs. 10,000/- as compensation for the sufferings of mental agony and hardship caused due to the act of the opposite party and to pay Rs. 25,000/- for deficiency of service committed by the opposite party towards the complainant. Moreover the complainant also prayed for a direction to the opposite party to pay cost of the proceedings to him.
2. The complainant is admitted on file and issued notice to the opposite party. The opposite party appeared and filed version.
3. In the version, the opposite party admitted that the complainant purchased a pair of footwear on 16/09/2019. But the complainant purchased footwear Stylo Art No.5410 Size 1 to 4 not Stylo Art No. 5410 Size 13 as stated in the complaint. The opposite party also admitted the issuance of bill No. 12693 and reduction of Rs. 9/- out of bill price Rs. 299/-. The opposite party denied all other contentions raised in the complaint. The opposite party further stated that the allegations of mental agony and financial loss are false and did not commit deficiency in service towards the complainant and so no right for compensation. According to the opposite party, the complainant came to the shop and selected the item of Style Art No.5410 preferring the size of 1 to 4 at his will. The opposite party also gave discount of Rs. 9/- from Rs. 299/-, which was MRP of the footwear purchased by the opposite party. The opposite party also denied the contention of the complainant that he purchased the footwear for the son his elder brother. According to the opposite party, the footwear purchased by the complainant is suitable for girls not for boys. So it is contended by the opposite party that the complainant has to prove the name, age and details of the son of his elder brother before the Commission. It is further stated in the version that the MRP of footwear model Stylo 5410 size 11, 12, 13 is Rs.271/- and MRP of footwear model Stylo size 1,2,3,4 is Rs. 299/- as printed on them. The complainant purchased the footwear of Stylo 5410 Size 1,2,3,4 having MRP of Rs. 299/- and also printed discount of Rs. 9/- to the complainant. But the complainant filed this complaint alleging the purchase of footwear model Stylo 5410 size 11,12,13 from the shop of the opposite party by producing the bill given at the time of purchase of footwear model Stylo 5410 size 1,2,3,4. It is contented that footwear model Stylo 11,12,13 is purchased from another shop and used in this case in order to wreck vengeance for the reasons best known to the complainant. So the opposite party is prayed for dismissal of the complaint.
4. The complainant filed affidavit and produced documents. The documents on the side of the complainant is marked as Ext. A1 and A2. Ext. A1 document is the photo of the footwear. Ext. A2 document is the copy of bill dated 16/09/2019 issued by the opposite party to the complainant. The opposite party did not file affidavit and also not produced documents. So the version filed by the opposite party is not supported with evidence.
5. Heard the complainant. Perused affidavit and documents filed by the complainant. The points arisen for consideration of the Commission are as follows:-
- Whether the opposite party committed unfair trade practice or deficiency in service as alleged in the complaint.
- Relief and cost.
6. Point No.1 and 2:-
The complainant stated in the complaint that on 16/09/2019, he purchased a pair of footwear from the shop of the opposite party. The complainant produced Ext.A2 document to prove the purchase of the footwear from the opposite party. According to the complainant, he remitted Rs. 290/- as the price of the footwear to the opposite party. The complainant admitted that he was provided with a discount of Rs. 9/- by the opposite party and Ext. A2 document shows that Rs. 299/- is the rate of the footwear purchased by the complainant. In the version, bill number is stated as 19693. But Ext.A2 document shows that 12693 is the bill number. It is contended by the complainant that later he noticed the printed MRP on the footwear as Rs. 279/-. According to the complainant, the opposite party collected excess amount than the MRP printed on the footwear purchased from the opposite party. No contra evidence is available in this case. The allegation made in the complaint is proved by the complainant. The opposite party collected more than Rs.11/- from the complainant comparing to the MRP of the product. So the opposite party committed unfair trade practice towards the complainant and complaint is allowed in the following manner:-
- The opposite party is directed to refund Rs. 11/- (Rupees Eleven only) to thecomplainant as the excess amount collected than MRP as the price of the footwear.
- The opposite party is directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant for the sufferings of mental agony and hardship due to the unfair trade practice committed the opposite party.
- The opposite party is also directed to pay Rs. 5000/-(Rupees Five thousand only) as the cost of the proceedings to the complainant.
The opposite party shall comply this order within 30 days from the date of receipt of copy of this order otherwise the entire amount shall carry 9% interest per annum from the date of the order to till realisation.
Dated this 30th day of January, 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.A1 & A2.
Ext.A1 : Document is the photo of the footwear.
Ext.A2 : Document is the copy of bill dated 16/09/2019 issued by the opposite party
to the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
