DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 444 of 1.12.2017

                                      Decided on:           27.8.2020

Navdeep Gupta aged 50 years son of late Dr.Ved Parkash Gupta r/o H.No.4, Manshahia Colony, Patiala.

                                                                   …………...Complainant

                                      Versus

1. Big Bazar, Future Retail Ltd., Registered Office: Knowledge House, Sham Nagar, Off Jogeshwari Vikhroli Link Road, Jogeshwari Vikhroli Link Road, Jogeshwari East, Mumbai-400060 through its M.D.
2. Big Bazaar, Omaxe Mall, The Mall Road, Patiala through its Manager.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member

ARGUED BY              

For the complainant:     Sh.Dhiraj Puri,Advocate

For OPs:                        Sh.M.P.S.Sahi,Advocate

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Navdeep Gupta  (hereinafter referred to as the complainant) against Big Bazar, Future Retail Ltd. and another (hereinafter referred to as the OP/s).
2. Briefly the case of the complainant is that on the allurement of the representative of OP No.2, the complainant become a member of Big Bazaar Profit Club with card No.92228268022718 valid till 28.2.2018 and paid Rs.5000/-. He also received confirmation email from OP No.2 on 21.3.2016 in this regard.Under this scheme a member can buy grocery for Rs.6000/- within a certain period.

That under the membership card, the card holder can purchase goods worth Rs.400/- per month from the card for 15 months thereby the member can utilize a total of Rs.6000/- and extra has to be paid for purchase exceeding the amount and in case the consumer could not shop goods in any month then the amount for that month is forwarded to next month and so on till end.

The complainant received e-mail and statement of account time to time every month.The statement for the period 1.1.2017 to 31.1.2017 shows the total shopping balance available Rs.2863.90ps and the statement of account for the period of 1.2.2017 to 28.2.2017 shows available balance Rs.1806.40ps and for the period 1.3.2017 to 31.3.2017 shows Rs.2056.30ps.The statement of account shows that amount of Rs.250,deduced for no reason.

On 15.10.2017, when the complainant moved into the store of OP No.2 in order to shop for Diwali Festival .He bought the goods and approached the billing counter where he came to know that there was no balance and in the card and same was out of validity. Upon insistence the complainant came to know that only Rs.806/- is lying in balance. At this the complainant left his shortlisted goods in the store and faced humiliation, harassment, which caused mental agony and paid.

On the same day, the complainant forwarded an e-mail to OP No.1 regarding the mischief being done by their representative and to resolve the issue. Again on 24.10.2017 he sent reminder e-mail. The complainant also made number of telephonic calls on toll free number but to no avail.The act and conduct of the OPs amounts to deficiency in service.

On this background of the facts, the complainant has filed this complaint for giving direction to the OPs to pay him Rs.2000/- approximately being the balance amount lying in the card; to pay Rs.50,000/- as compensation for causing harassment, mental agony and paid and also to pay Rs.22000/- on account of litigation expenses.

3. Upon notice, OPs appeared through counsel and contested the case by filing written reply. The OPs raised preliminary objections that  no cause of action arisen in favor of the complainant to file the complaint; that the complainant has created a false story in order to mislead the Forum (hereinafter referred to as Commission) ;that the complainant has not presented true facts; that the present complaint is false, frivolous & vexatious besides being devoid of any merits and has been filed with a view to malign the credential & reputation of the OPs with dishonest intention to detriment the OPs and that the complaint is liable to be dismissed. It is further submitted that OP is big shopping outlet and is dealing in fair manner and before providing any offer the OPs are briefing about the benefits and certain period of benefits to its customers.
4. On merits, it is admitted that the complainant is a consumer of the OPs.It is stated to be matter of record that the complainant in order to purchase household groceries moved into the store of OP No.2 wherein the representative of OPs approached the complainant alongwith a promotional scheme and allured the complainant to become the member of club being run by the OPs.

It is admitted that the complainant opted for a scheme of Rs.5000/- and has paid Rs.5000/- for which a Big Bazaar Profit Club with card No.92228268022718 was issued. It is further submitted that at the time of issuance of card, it was clearly briefed to the complainant that the member can use upto Rs.400/- every calendar month for a period of 15 months. It was further briefed to the complainant that the amount unused in a particular month will be carried forward to the next month with a maximum carry forward upto 18 months from the enrollment into the Big Bazaar Profit Club card Program. It is further submitted that the benefits under the said membership was under the terms and conditions which were duly informed to the complainant and the complainant after understanding the same has opted for the said membership.

It is denied that that the statement for the period 1.1.2017 to 31.1.2017 shows the total shopping balance available to Rs.2863.90ps or statement of account for the period of 1.2.2017 to 31.3.2017 shows Rs.2056.30ps. It is also denied that the statement of account shows that amount of Rs.250,deduced for no reason.

It is submitted that the OPs have maintained record of each and every transaction. The amount of Rs.250/- was utilized by the complainant on 1.1.2017.The complainant has himself admitted that the offer was valid for 15 months and it was clearly mentioned that the validity of Big Bazar Profit Club Card is 18 months from the month of issue from 21.3.2016 onwards.The complainant was already made clear that the card is valid for 15 months and there is three months grace period provided to customers so that they can utilize whole of the amount. The OPs were/are ready to refund the amount of Rs.806/- and the complainant can avail the refund by providing original photo ID card.There is no deficiency in service on the part of the complainant. No harassment or mental agony is caused to the complainant.

After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint.

5. In support of his case, the ld. counsel for the complainant tendered into evidence Ex.CA affidavit of the complainant, Ex.C1 copy of membership card, Exs.C2 to C9 copies of e-mails, Exs.C10 to C15 copies of statement of accounts and closed the evidence.
6. The ld. counsel for the OPs tendered into evidence Ex.OPA affidavit of Amit Kumar Jha, Ex.OP1 copy of authority letter, Ex.OP2 copy of broacher, Ex.OP3 copy of computerized statement and closed the evidence. \
7. The complainant filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. The ld. counsel for the complainant has argued that the complainant purchased a card  for Rs.5000/- from the OPs vide which the member can buy grocery for Rs.6000/-with a certain period. The ld. counsel for the complainant has further argued that the 2^nd scheme was for Rs.10,000/- vide which a member can shop for Rs.12000/-.
9. The ld. counsel for the complainant further argued that the scheme opted by the complainant was for Rs.5000/- with the validity date as 28.2.2018.The confirmation email was received by the complainant in this regard on 21.3.2016.
10. The ld. counsel for the complainant argued that  the card holder can purchase goods worth Rs.400/- per month with the card for 15 months and can utilize Rs.6000/- and that in case the consumer does not shop goods in any month then the amount for that month will be carried next month.
11. The ld. counsel for the complainant further argued that the statement of account for the period 1.1.2017 to 31.1.2017 showed the balance available amount as Rs.2863.90.The statement of account for the period 1.2.2017 to 28.2.2017 showed available balance as Rs.1806.40ps and the statement of account for the period 1.3.2017 to 31.3.2017 showed the available balance as Rs.2056.30ps.
12. The ld. counsel for the complainant further argued that still an amount of Rs.2000/- is available in the balance.The ld. counsel for the complainant argued that the complainant went to store of OP No.2 for shopping on Diwali Festival and he came to know that no balance amount is outstanding in the card, which caused humiliation and harassment to the complainant.
13. On the other hand, the ld. counsel for the OPs has admitted that card was purchased for Rs.5000/- and the same was issued to the complainant. The ld. counsel for the OPs has further argued that at the time of purchase of the card the complainant was briefed a that the member can use upto Rs.400/- every calendar month for a period of 15 months.The ld. counsel for the OPs further argued that the complainant was also briefed that the amount unused in a particular month will be carried forward to the next month with a maximum carry forward upto 18 months from the enrollment. The ld. counsel for the OPs further argued that the benefits under the scheme were under the terms and conditions which were duly informed to the complainant.The card holder can purchase goods for Rs.400/- per month for 15 months and can use Rs.6000/- in total. The ld. counsel for the OPs has argued that as per terms and conditions the unused amount will be carried forward upto 18 months.The ld. counsel for the OPs further argued that Rs.2863.90 was never due to the complainant. The ld. counsel for the OPs argued that no amount is due and the complaint is liable to be dismissed.
14. Admittedly the card,Ex.C1 was issued by the complainant and this fact is admitted by the OPs. As per this card, the complainant can utilize Rs.6000/- and he received confirmation email dated 21.3.2016,Ex.C2.Another email dated September,2016,Ex.C3 and statement of account Ex.C10 for  balance available of Rs.4800/-was valid upon the card in question. Similarly there is another email dated October 1,2016 Ex.C4, and statement of account, Ex.C11 wherein Rs.4800/- were again due. The another email dated November 3,2016 alongwith statement of account, Ex.C12 showed outstanding balance of Rs.3815.40 in the card and that expiry date is mentioned as 28.2.2018. The another email dated  1^st
    February,2017,Ex.C6 with statement of account, Ex.C13 showed balance amount of Rs.2863.90 with expiry date as 28.2.2018.There is another email Ex.C7 dated March 2,2017 with statement of account, Ex.C14 showing an outstanding amount of Rs.1806.30  with expiry date as 28.2.2018.The another email Ex.C9 dated April 8,2017  is showing the balance available of Rs.1806.03 in the card .An email dated 15 October,2017 was written by the complainant to the OPs  whereby it is mentioned that “today when he went to big Bazar at Omaxe Mall, Patiala, on enquiry he was told that his balance is zero and the card had expired”.
15. The affidavit of the complainant,Ex.CA is on the file in which he has deposed as per his complaint. The affidavit of Sh.Amit Kumar Jha, Ex.OPA is on file  and he has deposed as per the written statement filed.
16. Ex.OP1 is the copy of authority letter,Ex.OP2 is the copy of scheme, opted by the complainant for Rs.5000/- vide which cardholder  can buy the goods worth Rs.6000 /-. Under the terms and conditions it is mentioned that complainant can use upto Rs.400/-every calendar month for a period of 15 months.It is further stated that amount unused in a particular month will be carried forward to the next month with a maximum carry forward  upto 18 months from enrollment.
17. It is further mentioned that the amount unused after 18 months  of the enrollment date will be refunded  after proper customer verification.However, the refund will be applicable  only for amount  deposited by customer  minus the amount utilized by the member.So it is clear that as per terms and conditions the amount unused after 18 months  of the enrollment date will be refunded  after verification
18. As per all the emails and statement of account  of the OPs it is clear that expiry date was 28.2.2018 and email is Ex.C8 whereby Rs.1806.03 was outstanding on the card.There is no rebuttal evidence to the effect that the complainant is not entitled to the balance amount of Rs.1806/-. The non refund of this amount amounts to deficiency in service on the part of the OPs.
19. In view of all the discussion, the complainant is entitled to refund of Rs.1806/-.Accordingly, we allow the complaint partly with a direction to the OPs to refund Rs.1806 alongwith interest @6% per annum from the date of filing of the complaint till realization  and also to pay  Rs.1500/-as costs of the complaint to the complainant. Compliance of the order be made by the  OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:27.8.2020       

                             Vinod Kumar Gulati             Jasjit Singh Bhinder

                                    Member                                       President