By. Sri. A. S. Subhagan, Member:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. The fact of the complaint is as follows:-
The complainant purchased one three band Philips Radio (SL No.FHIBI814121675, DL 167/N) and one AC/DC adaptor from the opposite party’s shop on 06.10.2018. As per the bill the complainant paid Rs.849/- for radio and Rs.130/- for adaptor totalling Rs.979/-. After reaching home on inspection the
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complainant could realise that the MRP marked for the radio was Rs.745/-. But it was partially erased on the packet. This fact was informed by the complainant at once to the opposite party but he told the complainant that the present price of the radio was Rs.849/-. Consequently the complainant demanded the opposite party to take back the radio and to refund the price charged but the opposite party told the complainant that goods one sold could not be taken back. The allegation of the complainant is that charging Rs.849/- instead of Rs.745/- a price above the MRP is cheating him by the opposite party. Hence he prays before the Forum to order the opposite party to pay the complainant Rs.50,000/- in toto as compensation for cheating him and for mental agony.
3. The complaint was registered and notice was served on the opposite party on 10.12.2018. The opposite party appeared before the Forum and filed his version on 11.12.2019. Proof affidavit was filed by the complainant and Ext.A1, Ext.A2 and MO-1 was marked from the side of the complainant and he was examined on 26.02.2020 as PW1. Ext.A1 is the Bill No.325 dated 06.10.2018 issued by the opposite party to the complainant and MO-1 is the radio purchased by the complainant from opposite party.
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4. The contention of the opposite party is that he has sold the radio and adaptor to the complainant charging Rs.849/- and Rs.130/- respectively totalling Rs.979/- as alleged by the complainant. The opposite party contents that he has not erased the MRP from the priced cover of the radio. No excess amount has been charged. Hence he prays that the Forum may kindly exempt the opposite party from this complaint.
5. Affidavit was filed by the opposite party and he was examined as OPW1 on 05.03.2020. Ext.A2 was marked on the side of the complainant which is the bill No.378 issued to Sri. Adarsh Chandran on 03.03.2020 from the opposite party’s shop.
6. On perusing the complaint, version, affidavit filed, documents marked and evidences adduced by both the parties the Forum raised the following points for consideration:-
1. Whether there has been any restrictive trade practice on the part
of the opposite party?
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2. If so, whether the complainant is entitled to get compensation and
relief as prayed for?
7. Point No.1:- It is the admitted fact that the opposite party has charged Rs.849/- as price for the radio from the complainant. The Forum thoroughly scrutinised the MO-1 and found that the printed price on it being Rs.749/- as the MRP without any doubt and convinced that the opposite party has charged a higher amount than the MRP of the MO-1 which is undoubtedly restrictive trade practice adopted by the opposite party.
8. Point No.2:- Since Point No.1 is proved against the opposite party, the complainant is entitled to get compensation. But obviously it is a fact that the compensation claimed by the complainant is highly exorbitant.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs. 4,000/- (Rupees Four Thousand only) as compensation in total to the complainant within one month from the date of this Order.
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Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 11th day of March 2020.
Date of Filing: 09.11.2018. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. K. A. Abdul Salim. Government Servant.
Witness for the Opposite Party:-
OPW1. Varghese. Business.
Exhibits for the complainant:
A1. Estimate. Dt:06.10.2018.
A2. Bill of Supply. Dt:03.03.2020.
MO-1. Philips Radio.
Exhibits for the opposite party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRF, WAYANAD.
