The facts of the case in nutshell is that the complainant went to the F.L. Off shop of Op on dtd.22.04.2023 at about 5.05 PM and purchased two bottles of Mc Dowell’s No.1 celebration premium blend Rum of 180 ML each for printed amount of Rs.160/- each and in total of Rs.320. The salesman of the said F.L. Off shop demanded an amount of Rs.200/- each bottle and in total of Rs.400/- instead of Rs.320/- from the complainant. The complainant opposed for illegal demand of Rs.80/- but the salesman demanded to pay. The complainant being a practising advocate for his prestige paid the extra amount of Rs.80/- and simply demanded the cash memo but the respondent issued a hand written cash memo which was not a GST bill. For the above unfair trade practice, the complainant sustain loss. So, he file this complain case praying to pass an order to pay Rs.80/- by Op and Rs.20,000/- for mental harassment.
On the above complain the complainant has relied on following documents
- Copy of the Hand written cash memo provided by the respondent.
- Photo copy of Mc Dowell’s No-1 celebration premium by blend Rum of 180 ML bottle.
On the above complain the case is admitted and notice issued to Op for filing written version. The Op appeared and filed show cause/written version that this case is mis-joinder of parties because alleged salesman is not made as a party of this case. The Op has not done any act which relates to deficiency of service. The allegation made in para-5 is totally false and fabricated because the salesman never demanded the extra money. The allegation made in para-6 is false and fabricated because if complainant misbehaved by the salesman he might have lodged an F.I.R. before the concerned police station. The salesman has never issued any hand written cash memo to the complainant. So, the Op prays to dismiss the case with cost.
The Op has not filed any documents to substantiate his case.
On the above case the complainant himself and another witness has filed evidence affidavit which was also cross examined by Op advocates. The hand written cash memo was executed as Exhibit 1 and the photographs are executed as Exhibit 2 (Three photos) in affidavit he has supported the complaint petition but in cross examination he has mentioned that Deepak Barik has not been impleaded as party and also admitted that no FIR has been lodged against the salesman Deepak Barik. He also admitted that no complain is made before Excise Superintendent regarding the demand of excess amount in F.L.
PW 2 SumantaKhilar supported the complainant and stated that the complainant is known to him since long having good relationship. The salesman Deepak Barikstated that the complainant demanded an amount of Rs.200/- each and in total of Rs.400/- instead of Rs.320/-. On the very day he was present at the spot. There was argument between complainant and salesman regarding demand of excess amount. PW 2 states that he cannot say the year of manufacturing or batch No. of said liquor bottle.
On the above pleadings following issues are framed
- Whether the case is maintainable?
- Whether any cause of action arises on this case?
- Whether Ops have made any deficiency of service?
- Whether the complainant is entitled to get any relief sought for?
- Whether the case is barred for mis-joinder of necessary party.
FINDINGS
It is admitted that on the day of occurrence the complainant Amit Kumar Barik went to F.L. Off Shop situated at Naradapur, Champua.From the evidence of witnesses it is found that there was conversation between complainant and salesman regarding extra amount of Rs.80/- but it is a fact that there was no GST Bill issued by Op, the hand written cash memo issued by salesman Deepak Barik whether it is genuine on or not the Op could not provide any documents or witness to disprove the hand written cash memo with signature of salesman Deepak Barik. According to complainant and his supporting witness it is proved that the Op could not provide any GST Bill/ cash memo to complainant for purchase of two numbers of Mc Dowell’s No-1 celebration premium blend Rum of 180 Ml. The Exhibits 2 photographs of Mc Dowell’s No-1 celebration premium blend Rum 180 ml the printed amount is Rs.160/- but the liquor shop demanded Rs.40/- extra which was proved by complainant and its supporting witness. Burden of proof lies on Op to prove whether the same day there was no cause of action arises and the F.L Off shop sold two bottles of above brand. So, the Op has made unfair trade practice by selling two bottles of F.L.of above brand without issuing any GST bill to complainant which is unfair trade practice.
This commission comes to the conclusion that there was cause of action arose on the same day, the salesman cannot be a party when the proprietor was a party. So, this case is maintainable, unfair trade practice is proved by the complainant and he is entitled to get the reliefs sought for.
ORDER
The Ops is directed to pay Rs.80/- the extra amount taken by complainant. It is further directed that the Op shall pay Rs. 5,000/- for mental harassment and cost of litigation. If Op fail to comply the order within 45 days of receipt of the order it shall carry 9% interest on total amount of Rs.5,080/- ill realisation.
