Delhi

East Delhi

CC/312/2018

M. SHAKEEL - Complainant(s)

Versus

UNIK BAZAR - Opp.Party(s)

12 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 312/18

 

M. Shakeel

7/293, Lalita Park, Laxmi Nagar

Delhi 110092

                                                               ….Complainant

 

Vs.

         

Unik Bazar LTS Mang

Plot No. 111-112-115-116

Guru Ram Dass Nagar, Laxmi Ngr.

Delhi-110092

                                                                                    …Opponent

 

Date of Institution: 26.09.2018

Judgement Reserved on: 09.11.2021

Judgment Passed on: 11.11.2021

                  

CORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member)

Sh. Ravi Kumar (Member)

 

Order By: Shri S.S. Malhotra (President)

 

JUDGEMENT

1. The complaint pertains to deficiency of service and unfair trade practice on the part of OP. The brief facts are that the complainant purchased two jackets and sweat shirts for Rs. 2197/- on 04.12.2017 from the OP. Subsequently, the complainant found that one of the jacket was not fitting properly. He requested the OP to exchange the product. The price of the said Jacket was Rs. 999/-.
2. It is further stated that the OP’s sales manager and executive, refused to exchange or refund the price of the jacket on the ground that the another jacket in larger size is not available but on making representation to the G.M., he offered to exchange the jackets for another item. The complainant selected another jacket which was Rs. 100/- less then the original purchase. He requested that the difference amount of Rs. 100/- be refunded to him. The OP, instead of refunding the amount in cash  issued a Credit Note of Rs. 100/- vide invoice No. 00023255-17, by further stating that he would get the credit of Rs. 100/- only on his next shopping provided the purchase is worth of Rs. 1000/- and is within a week. The complainant objected to the same but the OP didn’t agree. Complainant then had issued the Legal Notice dated 09.01.2018 alleging OP, for deficiency of service and adopting such unfair trade practice but no reply was sent by the OP. Accordingly, the complainant filed the present complaint before the Forum (as it was then was).
3. Notice of the same was served upon the OP but OP chose to remain absent and was proceeded ex parte vide order dated 25.02.2019.
4. Accordingly, opportunity was given to complainant to lead his evidence which was filed and he exhibited three documents. The Commission perused the same. 
5. From the facts as have emerged from the records, few facts are admitted i.e. the complainant purchased some goods from OP for consideration, one of the purchased articles was defective, the goods / jacket were exchanged and even Credit Note was issued by the OP.
6. The only contention of the complainant is that if the OP has admitted the goods as defective and has issued the credit note then there should not have been any condition to the effect that the credit note would be encashed only if the complainant will purchase some goods worth Rs. 1000/- next time within a week’s time from the said date and its argued that amount of Rs. 100/- should have been returned then and there and since this condition compels the complainant to forcefully purchase some more articles from the same shop where from the previous purchase has not been found to be upto the mark, and therefore, this amounts to deficiency in services and unfair trade practice. The law with respect to deficiency in service and unfair trade practice is defined here under clause 2(11) for deficiency & clause 2(47) part-viii for Unfair Trade Practice:

• “Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
• “Unfair Trade Practice” means a trade practice which, for the purpose of of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the practice such as :
  • Refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient services and to refund the consideration thereof, if paid,  within the period stipulated in the bill or cash memo or receipt or in the absence of such stipulation, within a period of thirty days.

Accordingly the Commission is of the view that compelling a consumer to purchase goods from his shop only, for redeeming the credit note which has been issued by the OP on account of difference in price (not on account of reward or cash back or incentive for free)comes within the deficiency of service and unfair trade practice and the complainant has been able to prove that there is deficiency in service and unfair trade practice on the part of OP, hence complaint is allowed.

 

7. Holding the OP guilty of deficiency in service and unfair trade practice, we direct the OPs as under:-

1. To pay the difference of amount i.e. Rs. 100/- to the complainant.
2. To pay the complainant a consolidate amount of Rs. 1500/- as compensation on account of pain and mental agony suffered by him.
3. To pay an interest @7.5% on Rs. 100/- from the date of issue the credit note till actual payment.

8. This order be complied with within 30 days from the date of receipt of the order.
9. Copy of the order be supplied / sent to the parties free of cost as per rules.
10. File be consigned to Record Room.
11. Announce on the 11^th day of November 2021.

Delhi

 

 

(Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President