By Sri. Chandran Alachery, Member:-
The complaint filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to pay a sum of Rs.180/- with 12% interest being the excess valu received by Opposite Party for selling 2 Tiffin Box to the Complainant and to pay Rs.2,000/- as cost of the proceedings.
2. Complaint in brief:- the complainant purchased 2 Tiffin Boxes from the shop of Opposite party on 07.06.2014 for a sum of Rs.380/- . On perusal at home, the complainant found that the MRP printed portion in the cover is scratched and deleted by Opposite Party. The price of the Tiffin Boxes are stated in a separate sticker by the Opposite Party on the cover. The Complainant when informed the Opposite party about this, the Opposite party behaved very bad with the Complainant. The Complainant enquired about the actual price of Tiffin Boxes of the same made and understood that the actual price is Rs.100/- only per piece. The act of Opposite Party by collecting excess price is nothing but unfair trade practice. Hence this complaint.-
3. On receipt of complaint, notice was issued to Opposite party and the notice is served to the Opposite party on 22.06.2014. But Opposite Party did not appear before the Forum even after several chances were given and the Opposite Party is set exparte on 21.10.2014.
4. On perusal of complaint, documents, the Forum raised the following points for consideration.
1. Whether there is unfair trade practice from the part of Opposite Party?
2. What order as to cost and compensation?
5. Point No.1:- The Complainant filed proof affidavit and produced documents. The Complainant is examined as PW1 and document is marked as Ext.A1. Ext.A2 is the cover of Tiffin Box. On perusal of Ext.A2, it is seen that a separate sticker is affixed showing the price of the Tiffin Box. The Forum did not find whether MRP portion in the cover is deleted or not. It is up to the Opposite party to deny all these aspects. But Opposite Party did not appear in Forum. There is nothing to disbelieve the complaint. Hence the Forum opine that there is unfair trade practice from the part of Opposite Party. Point No.1 is found accordingly.
6. Point No.2:- Since Point No.1 is found in favour of Complainant the Complainant is entitled to get cost of the proceedings.
In the result, the complaint is partly allowed and the Opposite party is directed to pay Rs.180/- (Rupees One hundred and Eighty) only being the excess amount collected from the Complainant in selling 2 Tiffin Boxes to the Complainant with 12% interest per annum from 07.06.2014 till payment. The Opposite party is also directed to pay Rs.1,000/- (Rupees One thousand ) only as cost of the proceedings. The Opposite Party shall comply the order within 30 days from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 16th day of December 2014.
Date of filing:18.06.2014.
PRESIDENT : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Invoice. dt:07.06.2014.
A2. Cover of Tiffin Box.
Exhibits for the opposite Party.
Nil.
