SHRI A.P.MUND, PRESIDENT: - Complainant Pramod Kumar Naik has filed this case against the O.P. alleging unfair trade practice. Case of the complainant is that while coming from Bamra to Sargidihi at about 4 P.M. on dt.26.12.2014, he stopped at Govindpur Chowk for taking betel from Bihari betel shop. He asked the O.P. for two betels with specific ingredients, which was supplied by the said shop keeper-O.P. The O.P. asked the complainant to pay Rs.10/- for the cost of two betels.
2. The complainant was surprised on listening such price for two betels and cited some examples, where this particular variety of betel cost Rs.2.50 paise per piece. Even betel of same variety costs Rs.2.50 per piece at Sambalpur as well as at Bamra also. The cost being prohibiting, the complainant asked the O.P. to provide a written receipt for the same. On this the O.P. became adamant and said do not argue with me whatever I will charge i.e. Rs.10/- for two betels is right but I will not give any written receipt.
3. Complainant further alleges that the O.P. abused him and said whether you have taken betel TUMARA BAPA DINARE PANA KHAUCHHA. After hearing this, complainant said him that I will file a complaint case against you in the Consumer Forum to which the O.P. said do not show me court and I have seen so many courts and lawyers and even if you file a consumer case nothing will happen to me . I will sell betel according to my wish and threatened the complainant that if you file consumer case against me, I will take direct action against you.
4. On the basis of the above allegations, complainant filed this case with prayer to direct the O.P. to sell betel at market price and not to over charge the customers, not to misbehave with the customers and pay compensation of Rs.10,000/- for causing mental agony and harassment.
5. The O.P. was noticed by this Forum, but he did not appear before this Forum and finally set ex-parte on dt.07.9.2015.
6. Heard the complainant in person and perused the complaint petition. We find three issues for deciding this case as under.
(1) Whether O.P. has charged 100 per cent more for a betel than the market price?
(2) Whether O.P. has misbehaved with the complainant?
(3) Whether complainant is entitled to get compensation for mental agony and harassment?
7. In this case, O.P. has neither appeared nor filed any written version to contest the case or counter the allegations. From the averments made by the complainant and as per his oral argument, we believe that for a very small amount the complainant would not have come to this Forum, had it not been for the misbehavior and adamant nature of the O.P. As such we believe the allegation of the complainant that he has been over charged by the O.P. on purchase of betel and misbehaved for protesting the over charge. For this action of the O.P., complainant suffered mental agony and harassment. Hence, all the three issues are decided in favour of the complainant.
8. Taking into consideration the facts and circumstances discussed above, we allow the case of the complainant against the O.P. on ex-parte. The O.P. is directed to pay to the complainant Rs.1,000/- (Rupees One thousand) for causing mental agony and harassment. O.P. is further directed not to over charge on selling betel or misbehave with the customers in future.