BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Friday the 12th day of September, 2008
C.C.No. 171/07
Between:
K. Gundu Rao, S/o. K.Ganapathi Rao,
H.No.11/340, Havannapet, Adoni. … Complainant
Versus
Ujala Fancy Stones Running by Hitesh, S/o. Not known,
Gift and Toys shop, beside of Lord Venkateswara Englsih Medium High School, Old Bus-stand, Kurnool. … Opposite party
This complaint is coming on this day for orders in the presence of Sri.K.Gundu Rao, complainant (in person) and Sri.M.Sivaji Rao, Advocate, for the opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt.C.Preethi, Lady Member)
C.C.No.171/07
1. This consumer complaint of the complainant is filed U/s 11 and 12 of C.P.Act, 1986 seeking a direction on opposite parties to return to the complainant the excess amount collected i.e Rs.207/- for said two items and Rs.2,070/- as compensation for said two items and cost of this case and any other relief or reliefs which the forum deems fit and proper in the interest of justice.
2. The brief facts of the complainants case is that the complainant purchased a Toran for Rs.150/- and a Toy for Rs.198/- from opposite party on 2-10-2007, 8-10-2007 respectively. On verifying the toy and the toy box it was found that the M.R.P was Rs.66/- only. The complainant purchased the same toran in another fancy shop on 5-11-2007, the said toran item was sold for Rs.75/- only, the opposite party sold the above two items with excessive costs. On approaching the opposite party for the difference in cost the opposite party did not give any proper reply. Hence, the complainant aggrieved, constrained to resort to the forum for reliefs.
3. In pursuance of his case the complainant relied on the following documents viz., (1) purchase bill dated 2-10-2007 for Rs150/- , (2) purchase bill dated 8-10-2007 for Rs.198/- , (3) purchase bill dated 5-11-2007 for Rs.75/- issued by Ananthaiah and (4) box of the toy, besides to the sworn affidavit of the complainant in reiteration of his complaint averments and also relied on the third party affidavits of J. Narayana Rao, A. Satyanarayana , A. Krishnajirao, and the above documents are marked as Ex.A1 to A4 for its appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite party appeared through their counsel and contested the case by filling written version.
5. The written version of opposite party denies the complaint as not maintainable either in law or on facts . It alleges the complainant did not purchase the said two items from his shop and if at all he purchased the two items from his shop he would gave a printed cash receipt having VAT number. The complainant in this case filed paper bills only which does not disclose that the said two items are purchased from his shop and also submits that the complainant file this false case with mischief of the opposite party. The bills produced by the complainant as to the cost of toy and Toran are only paper receipts and it indicates that the bills are false and fictitious created for the purpose of this case. If the complainant really purchased any goods from any shop he would demand a permanent printed bill which is admissible in law. Hence, the case of the complainant is created one and the paper bill can be created by any person. Hence, there is no documentary proof to support the contentions of the complainant and this compliant is filed only to tarnish the image of the opposite party to suffered mental agony and false damage and the complainant is liable to pay Rs.50,000/- as exemplary cost and lastly seeks for the dismissal of complaint.
6. In support of their case the opposite party relied on the following documents viz., (1) specimen copy of cash credit bill of opposite party , besides to the sworn affidavit of the opposite party in reiteration of his written version averments and the above documents are marked as Ex.B1 for its appreciation in this case and replies to the interrogatories exchanged.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service ?.
8. It is the case of the complainant that he purchased a thoran and a toy for Rs.150/- and Rs.198/- respectively from opposite party shop on 2-10-2007 and 8-10-2007 vide Ex.A1 and A2 . The Ex.A1 is the receipt issued by opposite party as to the purchase of thoran by the complainant on 2-10-2008 for Rs.150/- . The Ex.A2 is also the receipt issued by opposite party as to the purchase of Toy by the complainant on 8-10-2007 for Rs.198/- . Thereafter, the complainant purchased the same thoran in another shop for Rs.75/- only vide Ex.A3 . The Ex.A3 is the cash receipt dated 5-11-2007 for Rs.75/- as to the purchase of thoran . The Ex.A4 is the box of the toy and on verifying it, it was found that the MRP printed on the box was Rs.66/- only and the complainant alleges that the opposite party sold the above two items for excessive rates.
9. On the other side the opposite party submits that the said two items are not purchased from his shop, and for every sale he will issue a cash credit bill as per Ex.B1. On persual of Ex.A1 and A2, it bears a stamp of opposite party shop , mentioning proprietor’s name as Hitesh with cell No.98663750000, the EX.B1 also bears the name of opposite party shop and proprietor as Hitesh Jain and same cell No.98663750000 . The complainant in his arguments submitted that he along with his three friends approached opposite party shop as to the purchase of said two items, and the three friends of the complainant also filed their sworn affidavits reiterating the same and they were interrogated and replies also filed. Hence from the above it is clear that the receipt in EX.A1 and A2 are issued by opposite party only and the items purchased by complainant under Ex.A1 and A2 are from opposite party shop only. Hence, it is established that complainant purchased the above two items from opposite party shop only.
10. Now the point is to what relief the complainant is entitle the complainant alleges he purchased a thoran and a toy for opposite party shop, but to substantiate his case the complainant filed into this case only, the box of the toy and thoran is not filed for perusal by this forum. Hence on perusal of Ex.A4 box of the toy it is clear that MRP is mentioned as Rs.66/- only and the said toy was sold to the complainant for Rs.195/- i.e., Rs.132/- are excessively collected by the opposite party and the said amount has to be returned to the complainant by opposite party.
11. And regarding the thoran, the complainant failed to file into the forum records the said two thorans purchased by him for Rs.150/- and Rs.75/- for perusal of this forum and to come to a conclusion. Hence, the said relief for the said thoran cannot be granted.
12. To conclude, the above discussion the opposite party is laible for charging the costs of the toy in excess than displayed on the box of the toy and the complainant is remaining entitled for the return of the excess price charged i.e, 132/- and Rs.500/- for suffered mental agony and Rs.500/- as costs of the case.
13. In the result, the complaint is allowed directing the opposite party to pay to the complainant Rs.132/- excessive charged price, Rs.500/- as
compensation, and Rs.500/- as costs of this case within one month from the date of receipt of this order. In default the opposite party shall pay the above award with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 12th day of September, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. purchase bill dated 2-10-2007 for Rs.150/-
Ex.A2. Purchase bill dated 8-10-2007 for Rs.198/-
Ex.A3. Purchase bill dated 5-11-2007 for Rs.75/- issued by Ananthaiah .
Ex.A4. Box of the toy.
List of exhibits marked for the opposite parties:
Ex.B1. Specimen copy of cash credit bill
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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