Date of Filing       : 10.11.2017

                                                                                                                                 Date of Disposal:  09.08.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.                            .…. PRESIDENT

                   TMT.      K.PRAMEELA. M.Com.,                                       …..MEMBER-I

                   THIRU:  D.BABU VARADHARAJAN., B.Sc., B.L.,              ….MEMBER-II

CC.No.46/2017

THIS FRIDAY THE 9^th    DAY OF AUGUST 2019

P.Sathish Kumar,

No.175, Chinnamman Koil Street,

Jeeva Nagar,

Avadi, Chennai -600 054.                                                               …… Complainant.

                                                                   //Vs//

1.Proprietor,

    BSA HERCLUES FACTORY OUTLET,

    Post Box No.5, MTH Road,

    Ambattur, Chennai -600 053.

2. Authorized Signatory,

    TI CYCLES OF INDIA

    (UNIT OF TUBE INVESTMENTS OF INDIA LIMITED)

    BSA HERCLUES FACTORY OUTLET,

    Post box No.5, MTH Road,

    Ambattur, Chennai -600 053.                                              ……...Opposite parties.

This complaint is coming upon before us finally on 02.08.2019 in the presence of Complainant who is appeared in person and Mr.S.Aji Kumar, Counsel for the 1^st opposite party and 2^nd opposite party was set ex-parte for non appearance and having perused the both side documents and evidences, this Forum delivered the following:

ORDER

PRONOUNCED BY THIRU. J.JUSTIN DAVID, PRESIDENT.

This complaint is filed by the complainant U/S -12 of Consumer protection Act-1986 against the opposite parties for a direction to refund a sum of Rs. 200/- being the excess amount collected from him and a sum of Rs.4,00,000/- towards compensation for mental agony  due to the deficiency in service on the part of the opposite parties.

2. Brief averment in the complaint filed by the complainants is as follows:-

The complainant purchased a bicycle from the opposite party’s company outlet on 21.09.2017 at Ambattur, Chennai.  The bicycle model is “NEW HERCULES”.  In their company’s website it is mentioned that the Carrier is included item of the cycle.  But they charged extra Rs.200/-for carrier.  The complainant took the screen shot and emailed to the opposite party’s customer care.  On 03.10.2017, the complainant received a telephone call from 044-42879440, the person identified that she is calling from customer care of BSA HERCULES, and she told the complainant the carrier shown as included feature of the bicycle is website mistake.  The complainant not trusted the call, so the complainant demanded the written reply from the customer care. The complainant wrote an email to customer care on 10.10.2017 and mentioned issue.  On the same day the complainant received a phone call to go to the factory outlet and collect his refund of Rs.200/.  Trusting these words the complainant went to the company outlet to collect his refund.  But the complainant was humiliated as the complainant is cheating the opposite party. Actually the opposite party only cheated the complainant. So the complainant approached this forum to get relief for the mental agony happened to him because of the opposite party’s cheating action and humiliation happened to him while went to the opposite party’s place to collect his refund.

3. The brief contention of written version of the opposite party is as follows:-

TI cycles of India was incorporated in the year 1949 and is involved in the business of manufacturing, marketing of bicycles and fitness equipment under the brand name BSA, Hercules, Phillips, Montra, Mach City, Track and Trail, Hercules Fitness and Brooks etc.  TI Cycles of India is in the forefront of innovations and is a pioneer in the market of cycles.  It is one of the factories at MTH Road, Ambattur, Chennai.  Inside the factory premises there is a factory outlet, wherein cycles are sold to the consumer.  The complainant had purchased the “New Hercules Cycle” from the factory outlet on 21^st September 2017 and he had some issues with the way invoice is done in the factory outlet. The MRP of “NEW Herccules cycle” with back carrier is Rs.4,660/- as is evidenced from the screen shot of our website.  The above said New Hercules cycle is being sold with or without the back carrier depending upon the specific need and requirement of the consumer.  Hence in the factory outlet, for convenience, the cycle price and the back carrier price are shown separately in the invoice.  The complainant had purchased the said New Hercules cycle on 21^st September 2017.  The cycle price is shown as Rs.4,430/- and the carrier price is shown as Rs.200/-, so the total cost paid by the complainant for the cycle and carrier is Rs.4,630/- as against the MRP of Rs.4,660/-.  Other accessories mentioned in S.No.3, 4 and 5 of the invoice are cycle stand, bell and lock and the said accessories are bought separately by the complainant and there is no dispute with respect to the same. The complainant had sent a mail dated 28.09.2017 to the customer care of the opposite party alleging that he was charged extra Rs.200/- for the carrier while purchasing the cycle from the factory outlet.  The opposite party’s customer care executive contacted the complainant over the phone and explained the complainant about the billing, which the complainant was not able to understand.  Hence, our customer care representative had requested the complainant to send an email along with his doubts in respect of billing, so that it could be explained better.  The next mail was received from the complainant was on 10.10.2017 at 3.45pm, wherein the complainant had threatened of going to court.  Immediately on receipt of mail, on the same day marketing manager Mr.Varun Nair had called the complainant over mobile and clarified the complainant about the billing and requested the complainant to visit our factory outlet if he has any doubts on the billing, so that it could be explained better. Thereafter the complainant had never visited the factory outlet in this connection till he filed the present complaint. Even after filing the complaint before this forum, with a view to amicably resolve the misunderstanding of the complainant in billing, our representatives have diligently contacted the complainant and requested his appointment, so that company’s representative shall meet him in person and explain about his misunderstanding in the billing.  The complainant had however volunteered that he would like to visit our factory office in Ambattur to get more clarity in the billing.  The complainant visited the factory office clarified how the billing was done and requested him to withdraw the complaint as it would only consumer the precious time of this forum.  The complainant had unreasonably demanded a sum of Rs.4,00,000/- for withdrawing the complaint and was not reluctant to listen to our representatives.  The complainant had approached this forum with unclean hands with an iota of truth of the complaint and therefore this forum may be pleased to dismiss the above consumer complaint.

4. In order to prove the case, on the side of the complainant, the proof affidavit submitted as their evidence and Ex.A1 to Ex.A3 were marked.  While so, on the side of the 1^st opposite party, the proof affidavit submitted as his evidence but no documents filed and 2^nd opposite party was set ex parte for non appearance and written argument filed and adduced oral argument on both sides.

5. At this juncture, the point for consideration before this forum is:-

(1)Whether there is any unfair trade practice on the part of the opposite parties?

(2) Whether the complainant is entitled for refund of excess amount of Rs.200/-received by the opposite parties?

(3) Whether the complainant is entitled for compensation from the opposite parties?

 (4) To what other reliefs, the complainant is entitled?

6. Point No.1to 3:-

The case of the complainant is that the complainant purchased a NEW HERCULES BICYCLE from the opposite parties on 21.09.2017 and for which the opposite parties has charged extra amount of Rs.200/- from the complainant, which is more than the MRP rate of the NEW HERCULES BICYCLE mentioned in their company’s website.  Therefore the opposite parties committed unfair trade practice and the same was caused mental agony to the complainant and thereby the complainant approached this forum for remedy.

7. The 1^st opposite party contended that the rate of NEW HERCULES BICYCLE with stand is Rs.4660/-.  The opposite party collected a sum of Rs.4430/- from the complainant. The cycle price is Rs.4430/- and the carrier price is Rs.200/- Therefore the opposite party collected total cost of NEW HERCULES BICYCLE with carrier is Rs.4630/- from the complainant as against the MRP of Rs.4660/-.  The opposite party has not charged more than the MRP rate and therefore there is no unfair trade practice or deficiency in service on the part of the opposite parties.

8. There is no dispute between both the parties that the complainant purchased a NEW HERCULES BICYCLE from the opposite party on 21.09.2017 and the complainant paid a sum of Rs.4920/-towards cost of cycle with spares.  Ex.A1 is the copy of invoice issued by the opposite party on 21.09.2017.  Ex.A1 it is written as follows:-

                                                                                                                Total Qty:   5

                                                          TOTAL GROSS SALES           :           4,920.00

                                                           CGST                                     :            4,387.37

                                                           SGST                                     :                266.29

                                                           Round Off                           :                 266.29

                                                           NET PAY INR                       :                      0.05

                                                          CARD AMOUNT                   :             4,920.00

                                                         CHEQUE AMOUNT               :              4920.00

9. Hence the cost of the NEW HERCULES BICYCLE is Rs.4430/-, cost of the carrier is Rs.200/-, cost of the load stand is Rs.170/-, cost of the steel bell is Rs.50/- and the cost of the lock is Rs.70/-.  Therefore the total cost of the NEW HERCULES BICYCLE with spares is Rs.4920/-. Ex.A3 is the screen shot taken from the website of the opposite party, in which it is stated that the cost of the NEW HERCULES BICYCLE is Rs.4660/-which include frame, saddle, brakes, pedals, mudguards, chain cover, carrier, tyres , handle bar and spokes.  Ex.A3 contains the features of NEW HERCULES BICYCLE.  But the opposite party had charged Rs.200/- for carrier separately in Ex.A1.

10. The learned counsel for the opposite party contended that the cost of cycle with stand is Rs.4660/-but they charged cost of cycle with stand as Rs.4430/-.  Actually the NEW HERCULES BICYCLE with stand cost of Rs.4660/- and the opposite party agreed to give deduction of Rs.5% and therefore they issued bill stating that the cost of cycle is Rs.4430/- instead of Rs.4660/- and also they have charged Rs.200/- extra amount for carrier.  But as per Ex.A3 the above said carrier includes the features of the cycle. On perusal of records this forum finds that the carrier includes the features of the NEW HERCULES BICYCLE, but the opposite party charged separately for carrier. Therefore the opposite parties are liable to refund extra amount of Rs.200/- to the complainant.

11. The complainant has sent e-mails to the opposite party for refund of Rs.200/- being the extra amount towards carrier.  Ex.A2 is the copy of the e-mail sent by the complainant to the opposite party.  But the opposite party failed to return the extra amount and therefore the complainant filed this consumer complaint before this forum.  The opposite party has charged extra amount of Rs.200/- towards carrier and the opposite parties are liable to refund the same but the opposite parties failed to refund the amount and committed deficiency in service.  Because of the opposite party’s act the complainant suffered mental agony and financial loss.  Under these circumstances there is deficiency in service on the part of the opposite parties the opposite  parties are liable to refund of Rs.200/- and the complainant is entitled for compensation.  Thus the point No.1 to 3 are answered accordingly.

12.Point No.4:-

In the result, this complaint is allowed in part.  Accordingly, the 1^st and 2^nd opposite parties are jointly and severally directed to refund of Rs.200/- (Rupees two hundred only) to the complainant.  Further the 1^st and 2^nd opposite parties are jointly and severally directed to pay a sum of Rs.3,000/- (Rupees three thousand only) towards compensation for causing mental agony and financial loss due to the deficiency in service on the part of the opposite parties and also to pay a sum of Rs.2,000/- (Rupees two thousand only) towards cost of litigation to the complainant.

The above said amount shall be  payable by the 1^st and 2^nd opposite parties  within two months from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9.% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 09^th August 2019.

    -Sd-                                                  -Sd-                                                        -Sd-

MEMBER-II                                     MEMBER-I                                           PRESIDENT

List of documents filed by the complainant:-

List of documents filed by the 1^st opposite party:-

-Nil-

      -Sd-                                                       -Sd-                                                       -Sd-

MEMBER-II                                           MEMBER-I                                           PRESIDENT