BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.357 of 2017

Date of Instt. 26.09.2017

Date of Decision: 28.03.2018

Shamsher Singh Bhardwaj son of Sh. Gurdish Singh, Resident of H. No.198, Arora Colony, Dasuya Road, Hoshiarpur.

..........Complainant

Versus

The Manager, Big Bazaar (Bharti Retail Ltd.), Splendor Shagun, Civil Lines, Ladowali Road, Jalandhar.

..….…Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Harvimal Dogra (Member)

Present: Sh. SS Turna, Adv Counsel for the Complainant.

Opposite Party exparte.

Order

Harvimal Dogra (Member)

1. This complaint is presented by the complainant Shamsher Singh under Consumer Protection Act, 1986, wherein alleged that on 29.07.2017, the complainant has visited the store of OP in order to purchase some domestic articles from OP. The OP show price of the smile cup stationary kit as Rs.89/- MRP, whereas a Big Bazaar selling price fixed to be Rs.59/- and as per OP show price complainant purchased two smile cup stationary kit alongwith other articles. That at the time of payment of the above said bill, complainant was in hurry and due to which, he did not properly check the bill and pay the entire amount as claimed by the OP. When the complainant reached at home, he found that the OP cheated the public as OP charged Rs.89/- per smile cup stationary kit, whereas discount price is mentioned as Rs.59/- and in that way, the OP cheated the customers by charging more price than the mentioned thereon. The intention of the OP is only to cheat the public by showing the different price and charging different price. In that way being a consumer complainant is entitled for the compensation from the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and award of Rs.50,000/- may kindly be granted for mental agony and mental harassment.

2. Notice of the complaint was given to the OP, but despite service, the OP did not come present and ultimately, the OP was proceeded against exparte.

3. In order to prove his exparte claim, complainant himself tendered into evidence his own affidavit Ex.CW-1/A alongwith documents Ex.C-1 to Ex.C-5 and closed the evidence.

4. We have heard the learned counsel for the complainant and also examined the entire material on the record and have given a thoughtful consideration to the arguments advanced before us by the counsel for the complainant.

5. After analyzing the whole case of the complainant, it reveals that the case of the complainant is simple as he purchased two smile cup stationary kit along with other articles, Invoice bill is attached, which is Ex.C-4, the MRP of the stationary kit is Rs.89/-, whereas Big Bazaar selling price (offer price) is fixed to be Rs.59/- as printed on the wrapper of the packing material Ex.C-3, this means that the OP has charged excess amount from the complainant, OP has charged Rs.60/- as excess amount of the printed price. The complainant has brought two smile cup stationary kit and as such, there is negligence and unfair trade practice on the part of the OP. OP is negligent as he is showing different price and charging different price. OP is not at liberty to befool the public at large by charging excess amount and earning huge profit.

6. In view of the above detailed discussion, we find that over charging is clear cut deficiency and unfair trade practice and therefore, the complaint of the complainant succeeds and accordingly, the same is partly accepted and OP is directed to pay Rs.5000/-, which includes excess amount, compensation for harassment and mental agony and litigation expenses along with interest @ 9% per annum from the date of filing the complaint till its realization. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Harvimal Dogra Karnail Singh

28.03.2018 Member President