DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 29th day of November, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 31/1/2022
CC/18/2022
R.Rajendran,
17/992, Opp. BSNL/HPO,
Sultanpet, Palakkad – 678 001 - Complainant
(Party in person)
Vs
The Partners,
Vinlax Paint House,
Opp.Indira Gandhi Muncipal Stadium,
Stadium Bypass Road,
Palakkad – 678 013 -Opposite party
(By Adv.M/s.John John & Chenthamarakshan)
O R D E R
By Sri. Vinay Menon V., President
- Undisputed pleadings are to the effect that the complainant purchased 25 kgs of Vembanad white cement from opposite party for an amount of Rs.752.90. Upon reaching home he found that the MRP was Rs. 650/- only. The complainant is aggrieved by this by willful unfair trade practice on the part of opposite parties. Complaint filed by the complainant before the department of legal metrology, Palakkad, bore fruit with the department taking actions against the opposite party and penalty being imposed. The complainant seeks for compensation for unfair trade practice and for refund of excess amount collected.
- Since the version was filed after statutory period the same was rejected. But the afore-stated pleadings were affirmed by the counsel for opposite party at the time of hearing. Their sole plea was regarding the computation of compensation while granting reliefs, if in the affirmative. Counsel for the opposite party argued that since penalty was already levied on the opposite party, the scope of granting of compensation was to be narrowed down. The complainant also not suffered any grave losses. In view of the absence of any repudiation of complaint pleadings or countering we are saved the trouble of framing issues. Exts A1 to A10 were marked.
- The sole question that needs to answered is what the compensation payable to the complainant would be. As already stated supra, counsel for the opposite party lobbied for lesser compensation taking into consideration the loss suffered by the complainant being only Rs. 102.90/- and that a penalty of Rs. 15,000/- was imposed by the Department.
- We are not losing sight of the arguments of the opposite party for leniency while awarding compensation. But we cannot lose sight of the fact that the opposite party was blatantly violating the tenets of law by overcharging their customers, God-knows-how –many, and for how long. In the facts and circumstances of the case, it is only one sack of cement. That does not preclude casting of liability upon the opposite party to compensate the complainant for loss sustained, violation of statutory rights and mental pain and agony. The Consumer Protection Act also does not differentiate between various strata of offences or violations. Leniency can be afforded to those who make mistakes inadvertently, but not to those who willfully violate law in the pursuit of illegal gains at the cost of unsuspecting customers. To that end, we believe that the opposite parties are to be met with heavy costs.
- In the facts and circumstances of the case we order as herein below:
1. The opposite party is directed to pay an amount of Rs.103/- (Rupees One hundred and three only) to the complainant with interest @10% from 27/10/2021 till the date of actual payment.
2. The opposite party is ordered to pay an amount of Rs. 15,000/-(Rupees Fifteen thousand only) to the complainant as compensation for deficiency in service and unfair trade practice.
3. An amount of Rs. 10,000/-(Rupees Ten thousand only) is directed to be paid as cost of these proceedings.
The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which the opposite party shall pay to the complainant Rs. 500/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 29th day of November, 2022. Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Original tax invoice dated 27/10/2021
Ext.A2 - Copy of complaint dated 2/11/2021
Ext.A3 – Copy of covering letter of Ext.A2
Ext.A4 – Original communication dated 12/11/21 issued by Asst.Controller, Legal Metrology
Ext.A5 – Copy of notice dated 16/11/21
Ext.A6 – Original postal receipt 24/11/21
Ext.A7 – Original postal acknowledgment card
Ext.A8 – Picture of polythene carry bag showing price as Rs.650/-
Ext.A9 – Reply under RTI dated 11/1/2022 issued by Dy.Controller, Legal Metrology
Department
Ext.A10 – Reply under RTI dated 19/2/2022 issued by Dy.Controller,Legal Metrology
Department
Exhibits marked on the side of the opposite party: Nil
Court Exhibit: Nil
Third party documents: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court Witness: Nil
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.
