By  Smt. Beena. M,  President (In charge):

          This is complaint filed under section 35 of the  Consumer Protection Act 2019.

2. Brief facts of the case are as follows:- The case of the Complainant is that on 26-12-2021 he purchased provisions from the Opposite Party’s shop, altogether 28 items were purchased, including 2 kg 250 gm coconut labeled Rs. 105.75.  At the time of billing, the Complainant verified the items and the price charged for the product and  then he noticed that the Opposite Party had charged Rs. 189.00 for 2 kg 250 gm coconut.  It is also stated that this has not happened for the first time, it had happened earlier also.  Now the Opposite Party is selling the items more than the price fixed in open market.  Usually the Opposite Party is charging excess amount without the knowledge of Consumers.  Even though, the Complainant is used to go there because almost all the items will be got from there.  The Complainant is entitled to get the products at a reasonable price and is also entitled to get the excess amount collected by the Opposite Party. Hence, the Complainant filed this Complaint with prayer to direct the Opposite Party to return the excess amount of Rs. 83.25 collected by the Opposite Party and  direct him to collect only the price for the product  at the rate prevailing in  the open market and also to pay  damage of Rs.20,000/-towards compensation and    Rs. 2,000/- as cost. 

3. The Opposite party has not appeared before this Commission after receiving the notice and also not filed their version and therefore, the Opposite Party was called absent and set ex parte.  Subsequently, this Commission decided to dispose this Complaint on merits based on the evidence adduced by the Complainant. 

          4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Ext. A1 series and A2 in support of his case.  Ext. A1 is the price tag of the coconut affixed on the product package.   Ext A2 is the bill issued by the Opposite Party.

            5. The grievance of the Complainant is that he had purchased 2kg 250gms coconut from Opposite Party and paid the bill amount to the Opposite Party. On verification of the bill, the Complainant noticed that the Opposite Party had collected Rs. 83.25 extra for the coconut. On careful perusal of the Complaint and documents filed by the Complainant, we understand the genuineness of the Complaint.  Ext. A1 series show that the actual price of  the coconut is 105.75/-.  Ext A2 reveals that the Opposite Party had collected Rs 189/- for the same quantity of coconut.  Even after receipt of the notice from this Commission, the Opposite Party failed to contest the case, which clearly shows the negligent attitude of the Opposite Party towards its customers.

6. In view of the above discussion this Commission is of the considered opinion that  the Opposite Party is deficient in service rendered towards the Complainant. As such the Opposite Party is liable to compensate for the same.   Therefore, the Complainant is entitled for refund of excess amount collected by the Opposite Party along with compensation and cost.

          In the result, the Complaint is partly allowed and

1. The Opposite Party is directed to refund an amount of Rs.85/- (Rupees Eighty five only) to the Complainant.
2. The Opposite Party is further directed to pay Rs. 10,000/- (Rupees Ten Thousand only) towards compensation to the Complainant.
3. The Opposite Party is directed to pay Rs. 2,000/- (Rupees Two thousand only) towards cost.

The above order must be complied within 30 days from the date of this order failing which the Complainant is entitled to get interest @ 8% per annum for the above amount from the date of this order till realization of the amount.

          Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 9^th day of December 2022.

          Date of filing:31.12.2021.

                                                                              PRESIDENT (I/C):  Sd/-

                                                                              MEMBER           :  Sd/-

APPENDIX.

Witness for the complainant:

PW1.           Akbar Ali.                      Complainant.       

Witness for the Opposite Party:

Nil.

Exhibits for the complainant:

A1 (a)         Price Tag.

A1(b)          Price Tag.

A2.             Invoice.                dt:26.12.21.         

Exhibits for the Opposite Party:

Nil.

                                                                                                                PRESIDENT (I/C):  Sd/-

                                                                                                                MEMBER            : Sd/-