Orissa

Cuttak

CC/67/2020

Deepak kumar Swain - Complainant(s)

Versus

VIP Industries Ltd - Opp.Party(s)

A K Sahoo

31 Mar 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C. NO.67/2020

           Deepak Kumar Swain,

H.O:Biswajit Senapati,

At:Darkhapatna(Nuapada),P.O:Kalyaninagar,

P.S:Chauliaganj,Dist:Cuttack,Odisha,

Pin-753013.                                                                            ... Complainant.

 

                                                Vrs.

1.        V.I.P Industries Ltd.,Represented through

              Its Managing aDiretor,

             At:5^th Floor,DGP House,88-C,Old Prabhadevi Road,

             Mumbai,Pin-400025,State:Maharashtra,E.Mail

                  M/s. Annupriya Enterprise, represented through

                           Its Proprietor,Symphony Mall,

                           At:GF-17,Ground Floor,

                          (Symphony Mall)Rudrapur,Bhubaneswar,PO:Pahal,

                          P.S:Balianta,Dist:Khurda,Odisha,

                         Pin-752101,Phone-7978247238,                                         ... Opp. Parties.

 

Present:               Sri Debashis Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing: 04.09.2020

Date of Order:31.03.2022

 

For the complainant: Sri A.k.Sahoo,Adv. & Associates.

For the O.Ps:                      None.

Sri Debasis Nayak,President.

                The case of the complainant is that he being the consumer was the victim of unfair and deceptive trade practice.  There was deficiency in service on the part of the O.Ps for which the complainant had suffered unnecessarily and had also suffered mental agony and harassment.  According to the complaint petition the O.P No.1 is a VIP Industries Ltd. And Indian Luggage Manufacturing Company which manufactures luggage and travel accessories.  The O.P No.2 being the exclusive authorised retailer/product seller of  O.P No.1 with the name and style M/s. Annupriya Enterprises,G.F-17,Ground Floor(Symphony Mall) Rudrapur,Bhubaneswwar, P.O:Pahal,P.S:Balianta, Dist:Khurda, Odisha is also a party to this case.

2.            On 12.11.2019 the complainant along with his family members had visited “Symphony Mall” at Bhubaneswar for purchase of some garments and had gone to the O.P.2”s retail counter inside the said Shopping Mall.  The complainant came across a deceptive/unfair misleading advertisement which read as “V.I.P impossible offer...Assured return Flight Tickets To a Destination of Your Choice”.  In the said advertisement the celebrity couple Saif Ali Khan and Kareena Kapoor Khan were featuring as brand ambassadors.  Being persuaded by the agents of the O.Ps, the complainant on 12.11.2019 had purchased three luggage bags from the said retail counter of O.P.2 worth of Rs.24,710/- all of VIP brand.  The said holiday offer was with effect from 1.10.2019 till stock lasts as displayed by the authorised retailer (O.P.2) as well as the exclusive brand outlet vide M/s. Annupriya Enterprise, Symphony Mall,Bhubaneswar.  The O.P.2 had issued four number of flight boarding passes to the complainant in the name of the complainant’s wife(Madhusmita Swain) vide voucher code No.VPDEBE9C4, his elder daughter Dibyajyoti Swain(aged about 14 years)-Voucher Code VP6729FE3C03, his younger daughter Navya Niyati Swain(aged about 3 years) voucher code VP516FC70174 and himself complainant-Deepak Kumar Swain Voucher Code VPDB2762CBD8.

3.            Subsequently, the complainant took notice and could realise that the O.Ps have thoroughly cheated him with malafide intention for which he visited the Website of the O.Ps i.e. www.viphelloholiday.com but he could notice that the said Website is not available instead, it reflects error page.  The complainant tried repeatedly to contact the O.Ps, their agents; their salesmen and even approached the help desk vide No.022/40270000 but of no avail.  The complainant had to approach this Commission by filing the complaint petition as he had suffered mental pressure, tension, negligence and humiliation as well as cheating by the O.Ps who had adopted unfair/deceptive trade practice.  Accordingly, the complainant has prayed to refund the cost of Rs.24,710/- towards the purchase amount of three VIP luggage bags along with interest @ 18% per annum from the date of purchase till realisation of the same.  The complainant has also prayed for compensation, damage expenses and according to him, both the O.Ps are jointly and severally liable who should be subjected to exemplary cost.

4.            Perused the record, it is noticed that on 20.10.2020 the learned counsel for the complainant has filed a postal tracking report showing service of notice of this Commission upon O.P No.1  Perused the said postal tracking report copy as filed.  It is also noticed that order dt.23.2.2021 reflects that the courier service receipt duly signed by O.P No.2 bearing consignment no.1046 dt.30.1.2021 reflects that O.P.2 has also been served with the notice of this Commission.  The case as initiated by the complainant is on 3.9.2020 which is after the enactment of the Consumer Protection Act,2019 which is operative with effect from 20.7.2020 onwards.  As per the new Act, when the complainant resides at his address given in the complaint petition at Darkhapatna(Nuapada),P.O:Kalyaninagar,P.S:Chauliaganj in the Dist. of Cuttack, Odisha, this Dist. Commission at Cuttack has jurisdiction to deal with the case.  As noted above when the O.P has received summons/notices sent to them and have not entered into or contested this case, both of them were set exparte.

5.            While perusing Annexure-1 & 2 which are copies of the alleged advertisement as well as the retail invoice showing purchase of three VIP luggage bags by the complainant to the tune of Rs.24,710/-, accordingly this Commission feels that there is substance in the submission of the complainant which are supported by the documentary evidence copies as available thus this Commission has no hesitation to arrive at conclusion that in fact both the O.Ps have wilfully and intentionally adopted unfair/deceptive trade practice and thereby cheated the complainant which tilts our eye brows.  This Commission could also visualise the mental agony and stress, the sufferings and damages sustained by the complainant for which this Commission holds that both the O.Ps are found to be guilty and liable jointly and severally for which this Commission thinks it proper to direct both the O.Ps not to issue such misleading advertisement and to cease such advertisement with immediate effect.  Both the O.Ps are also directed to repay the cost of the three luggage bags  i.e. Rs.24,710/- to the complainant along with 18% interest per annum till the final payment is made.  The O.Ps are also directed to pay compensation of Rs.2,00,000/-(Rupees two lakh) jointly and severally out of which a sum of Rs.1,00,000/- lakh(Rupees one lakh) be given to the complainant which would suffice to some extent towards the mental sufferings and tension undergone by the complainant due to the misleading advertisement and unfair trade practice adopted by the O.Ps; and the rest Rs.1,00,000/- (Rupees one lakh) be deposited in the State Consumer Welfare Fund maintained by Govt. of Odisha.  The order be complied within one month from the date of receipt of copy of this order.

                Order pronounced in the open Court on this the 31^st day of March,2022 under the seal and signature of this Commission.

                                                                                                                                   Sri Debashis Nayak

                                                                                                                              President.

 

 

                                                                                                                                Sri Sibananda Mohanty

                                                                                                                             Member.