DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.442 of 22-07-2014

Decided on 16-10-2014

Ram Rattan S/o Phool Chand S/o Dukhani Rajbher R/o Symbiosis Oil Laboratory, H.No.7070, Street No.5, Mini Secretariat Road, Bathinda.

........Complainant

Versus

1.Vishal Mega Mart (A Franchise Store Operated by Airplaza Retail Holdings Pvt. Ltd., Hr-98, Civil Lines, Near State Bank of Patiala, Hazi Rattan, Bathinda.

2.Balaji Jeweller, through its Proprietor, working under Vishal Mega Mart (A Franchise Store Operated by Airplaza Retail Holdings Pvt. Ltd., Hr-98, Civil Lines, Near State Bank of Patiala, Hazi Rattan, Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Sarabjit Singh, counsel for the complainant.

For Opposite parties: Opposite parties ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the opposite party No.1 launched a scheme that if any customer would purchase the goods for Rs.1500/- from it, it would give him the coupon of Rs.200/-. The complainant purchased the goods for Rs.2500/- from the opposite party No.1 on 23.5.2014. The opposite party No.1 conveyed the complainant that the coupon is not available with it and would adjust the same in his other purchase and same has been written in the bill. On the same date i.e. 23.5.2014, the complainant purchased the artificial jewellary set for Rs.800/- from the opposite party No.2, it is working under the opposite party No.1. The opposite party No.2 has given the lifetime warranty on the set, but after sometimes its polish left its colour. The complainant approached the opposite party No.2 to return the set and requested it to refund its price, but the opposite party No.2 neither gave him any reply nor refunded him the amount nor changed the set with new one. Thereafter the complainant many times approached the opposite party No.1 for the purpose of coupon, but the opposite party No.1 conveyed him that the coupon is yet not received and asked him to purchase the other things to adjust the amount of the coupon. The complainant also approached the opposite party No.2 and requested it either to replace the set with new one or to refund its price, but the opposite parties declined his request. On 21.6.2014, the complainant again purchased the goods for Rs.500/- vide bill No.088/8100000016642 dated 21.6.2014 and asked the opposite party No.1 to adjust the amount of Rs.200/- i.e. price of the coupon, but the opposite party No.1 told him that it will give him only the coupon and refused to adjust the amount of Rs.200/- in the bill of Rs.500/-. The complainant many times requested the opposite party No.1 either to give the coupon or to adjust the amount as per the scheme, but the opposite party No.1 neither gave him the coupon nor adjusted the amount of Rs.200/- and similarly, the opposite party No.2 neither refunded the price of the defected set i.e. Rs.800/- nor replaced it with new one, rather has been putting the matter off on one or the other pretext. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite party No.1 either to give him the coupon or to adjust the amount of Rs.200/- in other purchase and to the opposite party No.2 either to refund the amount of Rs.800/- or to change the set with new one besides cost and compensation.

2. Notice by hand/dasti was sent to the opposite parties that has been received by one Gagandeep Kaur on 14.8.2014 on behalf of the opposite parties, but despite receiving the summons none appeared on behalf of the opposite parties before this Forum, hence ex-parte proceedings are taken against them.

3. The complainant has led ex-parte evidence to support his allegations. He has produced Ex.C1, his own affidavit dated 22.7.2014; Ex.C2 to C4:-Photocopies of bill and Ex.C5, his own affidavit dated 30.9.2014.

4. The arguments advanced by the learned counsel of the complainant heard at length. Record alongwith written submissions submitted by the learned counsel of the complainant perused.

5. There are two main allegations of the complainant, one is that there is scheme of the opposite party No.1 that with the purchase of the goods worth Rs.1500/-, a coupon worth Rs.200/- be given. The complainant purchased the goods for Rs.2500/- from the opposite party No.1 on 23.5.2014, but the opposite party No.1 did not give him the coupon and conveyed him that the amount of Rs.200/- be adjusted in the next purchase. On the same day i.e. 23.5.2014, the complainant purchased the artificial jewellary set worth Rs.800/- with lifetime warranty from the opposite party No.2, but after sometimes its polish left its colour. On 21.6.2014, the complainant again purchased the goods for Rs.500/- vide bill No.088/8100000016642 dated 21.6.2014 and while making the payment he requested the opposite party No.1 to adjust the amount of Rs.200/- in his purchase of Rs.500/-, but the opposite party No.1 refused to do so. The opposite party No.1 neither gave the coupon to the complainant nor adjusted the amount of Rs.200/-. The complainant also requested the opposite party No.2 either to replace the set with new one or to refund its price, but the opposite party No.2 also refused to do so.

6. A perusal of the bill dated 23.5.2014, Ex.C2, shows that 'Rs.200/- off' be given on the next purchase. On the same day the complainant purchased the jewellary set for Rs.800/- vide Ex.C4, for this the lifetime warranty has been conveyed to him, but the set proved defective, as its colour/polish started diminishing. The complainant has again made the purchase on 21.6.2014 for the amount of Rs.500/- vide Ex.C3, this is next purchase after 23.5.2014, in this bill the opposite party No.1 was required to adjust the amount of Rs.200/-, but the opposite party No.1 failed to do so. The set purchased by the complainant also became defective and opposite party No.2 failed to do anything regarding it.

7. The opposite parties have failed to appear before this Forum despite service of summons, meaning thereby they do not want to own their liability, thus their non-appearance is sufficient to prove that the allegations made by the complainant are true. However, the complainant has not produced the defective jewellary before this Forum to show that it really became defective or not, thus no direction can be given in this regard, as there is no sufficient proof on file regarding the jewellary set in question. Regarding the first allegation that the coupon has not been given to the complainant and amount of Rs.200/- has not been adjusted, we are of the considered opinion that the big stores such as Vishal Mega Mart allure the customers with various schemes to make their store successful, but in actual the schemes launched by them are not implemented by them, which amounts to unfair trade practice on their part.

8. Thus from the facts and evidence placed on file we are of the considered opinion that there is unfair trade practice on the part of the opposite party No.1. Hence this complaint is accepted with Rs.10,000/- as cost and compensation against the opposite party No.1 and dismissed qua the opposite party No.2. The opposite party No.1 is directed either to give the valid coupon of Rs.200/- to the complainant, the amount of which be adjusted in his future purchase or to refund him the amount of Rs.200/-.

9. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

16-10-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member