DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the   23^rd day of January, 2023

Present     :   Sri.Vinay Menon V., President

               :   Smt.Vidya A., Member                       

               :   Sri.Krishnankutty N.K., Member                                                

                                                                             Date of Filing: 12.09.2022

CC/169/2022

         Manoj.V.R

         Varuna (H), Vadakkethara

         Kottekkad (PO)

         Palakkkad – 678 732                                        -         Complainant

         (Party-in-person)                                                                                

                                                           V/s

  1.     Manager, Big Bazar

         City Centre, English Church Road

         Sulthanpet, Palakkad – 678 014

   2.    Managing Director, Future Retail

          Head Office, Knowledge Home

          Shyam Nagar, Off Jogeshwar

          Vikroli Link Road, Mumbai – 400 060

          (Both opposite parties ex-parte)                      -         Opposite parties

O R D E R

          By Smt. Vidya.A, Member

    1.   Pleadings of the complainant in brief 

      Complainant paid Rs. 10,000/- towards the Big Bazar Profit Club membership card.  He purchased items worth Rs. 1,000/- each for two months and balance amount in the card could not be used as the shop remains closed from March 2022 onwards.  Due to the acts of the opposite party, the complainant suffered financial loss and other inconveniences.  So he approached this Commission for directing the opposite parties to pay an amount of Rs. 7,000/-, being the balance in the card and Rs. 20,000/- for the expenses incurred by him.

2.   After admitting complaint, notices were issued to both opposite parties.  2^nd Opposite party received notice; but did not appear or file version.  1^st Opposite party’s notice returned with endorsement ‘left’.  Complainant informed that 1^st opposite party shop stands closed and no fresh address is available.  1^st Opposite party has left without forwarding address.  So name of both opposite parties were called in open court and they were set ex-parte.

3.   Complainant filed proof affidavit and Ext. A1 marked. Heard.

4.   The main points arising for consideration are:

1. Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
2. Weather the complainant is entitled to the reliefs claimed?
3. Reliefs as cost and compensation.

5.   Point: 1

        Complaint averment is that complainant paid Rs. 10,000/- towards the purchase of Big Bazar Profit Club membership card.  He used the card only for 2 months and purchased items worth Rs. 1,000/- each.  After that he could not utilise the card as the shop remained closed.  He produced the copy of the ‘Big Bazar Profit Club’ membership card which is marked as Ext. A1.

6.    Even after the receipt of notice, the opposite parties did not appear before the Commission or file their version and they were set ex-parte.

7.     So the complainant had made out a prima – facie case.  It is the bounden duty of the opposite parties to inform their customers and take necessary action if they close their shop or anything untoward happens.  It is their responsibility to settle the issues of their customers who purchased the Profit Card on the assurance given by them.  There is clear deficiency of service and unfair trade practice on the part of the opposite parties in not informing and in not refunding the amount.  Point No: 1 is decided accordingly.

Points 2 & 3

8.     Complainant stated that he used the card only for two months and purchased items worth Rs. 1,000/- each.  So the complainant is entitled to get the balance amount.  Further the complainant suffered mental agony due to the conduct of the opposite party and incurred financial loss and inconveniences.  The opposite parties are jointly and severally liable to compensate the complainant for that.

                           In the result, the complaint is allowed.

        We direct the opposite parties jointly and severally

1. To refund Rs. 7,000/-, being the balance amount with interest at 9% from 01/03/2022 till realization.
2. To pay Rs. 10,000/- as compensation for their deficiency in service and unfair trade practice, for the mental agony and other inconvenience suffered by the complainant and Rs.5,000/- as cost.

The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order. 

Pronounced in the open court on this the 23^rd day of January, 2023.

                                                                                            Sd/-

                                                                                   Vinay Menon V

                                                                              President

                                                       Sd/-

             Vidya.A

                           Member   

                                                                                              Sd/-      

                                                                                 Krishnankutty N.K.

                                                                                          Member

APPENDIX

Documents marked from the side of the complainant

Ext. A1 - copy of the ‘Big Bazar Profit Club’ membership card.

Documents marked from the side of opposite parties – Nil

Witness examined from the complainant’s side: NIL

Witness examined from the opposite parties side: NIL

Cost- Rs. 5000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.