Chandigarh

DF-II

CC/1199/2019

Mr. Niraj Kumar - Complainant(s)

Versus

Domino's Pizza - Opp.Party(s)

In Person

24 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	1199 of 2019
Date  of  Institution	:	27.12.2019
Date   of   Decision	:	24.01.2020

 

 

 

 

Niraj Kumar, #328-B, N.P.L., Sector 26, Chandigarh.    

             …..Complainant

Versus

1]  Domino’s Pizza, Ground & First, SCO-29, Sector 15-C, Chandigarh 160015

2]  SubOne Chandigarh (Subway), SCO 38, Sector 8B, Inner Market, Chandigarh 160017

     ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

                           

 

Argued by :- Complainant in person.

 

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainant buy Nimbooz & Mountain Dew Drinks from OP No.1 for an amount of Rs.50/- & Rs.60/- respectively (Ann.C-1). It is averred that the complainant also buy 6”corn & peas 15cm and bottle juice (Nimbooz) from OP No.2 for Rs.220/- and the cost of Nimbooz charged is Rs.50/- (Ann.C-2).  It is stated that the OP No.2 charged Rs.50/- for Nimbooz bottle of 250 ml. (Ann.C-2, whereas the OP No.1 for Mountain Dew @300ml and Nimbooz @250 ml charged Rs.60/- & rs.50/- respectively.  It is submitted that when the complainant raised the issue with OPs for over charging for Dew & Nimbooz bottles than the market rate, they show the printed rate on the bottle.  It is also submitted that on the same day the complainant visited Prem Store, Sector 15, Chandigarh and asked for Mountain Dew 500ml and Nimbooz 250 ml, but they said this quantity bottles not available in the market, so the complainant purchased 300 ml and 350 ml bottles respectively and it costs rs.40/- for both (Rs.20/- each) as per printed rate on both the bottles (Ann.C-3).  It is also submitted that the comparison of quantity and rate is unreal as Dominos Sell 500 ml @Rs.60/- and other venders sell 300 ml @Rs.20/-.  It is further submitted that while comparing on per 100 ml., the Dominos charged Rs.12/- while normal venders charges approx rs.6.66/- as shown in An.C-4.  It is pleaded that similarly for Nimbooz, Dominos and Subway charged Rs.20/- for per 100 ml whereas other charged for per 100 ml Rs.5.71/- approx.  It is also pleaded that the comparison Ann.C-4 shows approximately double charging in Mountain dew and triple charging in Nimbooz product.  Alleging the said act & conduct of the OP as illegal, hence this complaint has been filed.

 

2]       We have heard the complainant in person on the point of admission of this complaint and perused the record.

 

3]      After hearing the complainant and going through the documentary evidence on record, we are of the considered view that the complaint is not maintainable before this Forum.  It is not the case of the complainant that there is dual MRP (Maximum Retail Price) of same bottle of same quantity Nimbooz or Mountain Dew, being purchased by him.  It is also not the case of the complainant that he has been charged differently for identical products i.e. Nimbooz or Mountain Dew bottles. The product having different quantity may have different rates.  The complainant has not been charged in excess than MRP nor two identical products have different MRP. The complainant himself submitted that the bottles of particular brand of particular quantity are not available in open market as are exclusively available with the OPs only. Therefore, we do not find sufficient grounds to admit the present complaint.  Hence, the complaint is dismissed in limine. The complainant may approach an appropriate authority for redressal of his grievance. 

         Certified copy of this order be communicated to the complainant, free of charge. After compliance file be consigned to record room.

Announced

24^th January, 2020                                                                   Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER