Delhi

North

CC/269/2023

DEEPANKAR GUPTA - Complainant(s)

Versus

VANDNA KUSHWAHA - Opp.Party(s)

11 Jan 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 269/2023

In the matter of

Sh. Deepankar Gupta,

S/o Late Sh. Prem Raj Gupta,

W/o Gajanand Block, Seat No.14,

Tis Hazari Courts, Delhi-110054                      ...       Complainant

VERSUS

Ms. Vandana Kushwaha

Beer shop, Shop No.1,

Dadri main Road, Chauhan Market,

Pillar No.28, Baroda, Sector-49,

Noida, U.P. 201201                                       ...       Opposite Party No. 1

 

Sh. Harendra Kumar Sharma

Beer Shop, Shop No.1,

Dadri main Road, Chauhan Market,

Pillar No.28, Baroda, Sector-49,

Noida, U.P. 201201                                       ...       Opposite Party No. 2

 

ORDER

11.01.2024

 

Present:       None for Complainant

(Divya Jyoti Jaipuriar)

1. By way of this complaint, the Complainant herein has alleged deficiency of service on part of the OPs namely Ms Vandana Kushwaha (OP-1) and Mr Harendra Kumar Sharma (OP-2) by charging price above Maximum Retail Price (MRP) as printed on the beer bottles purchased by the Complainant. OP-1 is said to be the licensee of the beer shop no. 1 at Barola, Sector 49, Noida. OP-2 is said to be the one in whose account the payment was transferred for the purchase of one of the beer bottles.
2. The Complainant alleges that on 12.10.2023, he purchased one Tuborg beer bottle from the shop of OP-1. The MRP of the said beer was Rs. 170/-, but the OPs charged Rs. 180/- from the Complainant. In support of his claim, the Complainant has filed photo of the beer bottle where the MRP is printed. He has also placed on record the payment details made through Unified Payments Interface (UPI) application to OP-2.
3. Additionally, the Complainant has also alleged that previously on 15.05.2023,  the said OP-1 has charged Rs. 170/- for the Kingfisher Beer, the MRP of which is Rs. 150/-. In support of his claim, he has placed on record the copy of the MRP of the beer bottle and the bank statement showing the payment of Rs. 170/-.
4. We have perused the documents filed by the Complainant and gone through the pleading. We have also heard the arguments of Complainant in person, who is also an Advocate having his seat in the Tis Hazari Court Complex.
5. Charging higher than the MRP is certainly a deficiency of service, but for the same, the Complainant has to prima facie establish the case. For showing the payment, the Complainant has placed on record the payment details as obtained from his UPI application, but there is no document including the copy of merchant UPI QR code (quick response code) displayed at the shop of OP-1 in which the payment was made. The payment details indicates that the payment was made to one Mr Harendra Kumar Sharma (OP-2 herein), but in absence of the copy of the QR Code displayed at the shop of OP-1, it cannot be prima facie established that OP-2 is associated with OP-1 and his QR Code is displayed at OP-1 shop for receiving the payments. Similarly, the bank statement filed by the Complainant, also does not prima facie establish that the payment on 15.05.2023 was made to the OP-1. The said payment in question was made to some UPI, but whether the same was associated with OP-1 or not cannot be ascertained.
6. It is also to be noted here that in the entire complaint, the Complainant has not alleged that OP-2 is the employee of the OP-1 or he is associated with OP-1 in any manner. The payment was made to OP-2 through UPI, but without any correlation between OP-1 and OP-2, it cannot be established that the said payment was received by OP-2 at the behest of OP-1.
7. Hence, we do not find any prima facie case of unfair trade practice by OP-1 and/ or OP-2. Accordingly, this complaint is dismissed at admission stage itself on the ground of lack of merit.
8. Office is directed to supply the copy of this order to the parties in accordance with law. Thereafter the file be consigned to the record room.

 

 

___________________________

Divya Jyoti Jaipuriar, President

 

 

___________________________

Ashwani Kumar Mehta, Member

 

 

___________________________

Harpreet Kaur Charya, Member