Chandigarh

DF-II

CC/2/2017

Preeti Kalia - Complainant(s)

Versus

The Manager, GINI & JONY Chawla Fashion - Opp.Party(s)

Anirudh Gupta Adv.

03 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

U.T. CHANDIGARH

Consumer Complaint  No.	:	02  of 2017
Date  of  Institution	:	30.12.2016
Date   of   Decision	:	03.04.2017

 

 

 

 

Preeti Kalia d/o Sh.A.K.Kalia r/o  H.No.1652, Sector 7-C, Chandigarh

 

                   …..Complainant

Versus

 

The Manager, Gini & Jony Chawla Fashion, Shop No.223, 2^nd Floor, P.No.178-178-A, Elante Mall, Chandigarh

….. Opposite Party

 

BEFORE:    SH.RAJAN DEWAN                           PRESIDENT

                   SMT.PRITI MALHOTRA                    MEMBER

                   SH.RAVINDER SINGH                       MEMBER

 

ARGUED BY: Sh.Anirudh Gupta, Adv. for the complainant. 

                       OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that the OP, in order to promote the sale of its products, offered discount @ 20% on the M.R.P. and she purchased one T-shirt of the MRP of Rs.1199/- vide Invoice dated 28.12.2016, Annexure C-1. It has been averred that the OP has charged Rs.48.46 P towards VAT @ 5% on the discounted price.  It has been averred that the MRP of the article was already inclusive of all taxes. She also objected to the charging of 5% VAT at the MRP of the article but to no effect.  Alleging deficiency in service for the above act & conduct of the Opposite Party and also for the unfair trade practice resorted to by the OP, this complaint has been filed by the complainant. 

2.           Despite due service through registered post, none appeared on behalf of the OP and as such it was ordered to be proceeded against exparte vide order dated 08.02.2017.
3.           The complainant led evidence in support of her contentions.
4.           We have heard the ld.Counsel for the complainant and have also perused the record.
5.           After hearing the Counsel for the complainant and going through the evidence on record, we are of the considered view that the complaint is liable to be dismissed for the reasons stated hereinafter. The complainant has produced on record a copy of the Invoice of the item in question from which it cannot be ascertained that as to whether the MRP of the article in question is inclusive of all the taxes or not.  The complainant has not produced on record a copy of the price tag of the article in question to corroborate the fact that the price of the article in question is inclusive of all the taxes and that the OP has illegally charged VAT on the discounted price. Hence, the complainant has failed to prove his case against the OP.
6.           For the reasons recorded above, finding the complaint to be devoid of any merit, the same is hereby dismissed with no order as to costs.
7.           The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

	Sd/-	Sd/-	Sd/-
Announced	(RAVINDER SINGH)	(RAJAN DEWAN)	(PRITI MALHOTRA)
03.04.2017	MEMBER	PRESIDENT	MEMBER

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