Chandigarh

DF-II

CC/409/2021

Sh. Jai Kishan - Complainant(s)

Versus

M/s Garg Trade - Opp.Party(s)

Anil Kumar Garg Adv.

09 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	409/2021
Date of Institution	:	02.07.2021
Date of Decision	:	09.01.2023

 

                     

            

 

Sh.Jai Kishan r/o H.No.1004, Sector 9, Panchkula, Haryana, Mobile-9779364237.

                 ...  Complainant.

Versus

 

M/s Garg Trade, Sh.Krishan Lal & Anil Kumar Garg, Shop No.118, Grain Market, Chandigarh through its Prop./Partner/Director, Mobile No.9872135001.

…. Opposite Party.

BEFORE:
		SHRI AMRINDER SINGH SIDHU,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
Present:-
	Sh.Anil Kumar Garg, Adv. for the Complainant. OP exparte.

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 (as amended up-to-date) alleging therein that he purchased grocery items worth Rs.4158/- vide bill dated 28.05.2021 (Annexure C-1) from the OP. After reaching at the home, it came to his notice that the MRP of the product-Jumbo Mamra Giri was Rs.1595/- whereas the OP had charged a sum of Rs.1750/- and accordingly, he requested the OP to refund the excess amount of Rs.155/- but to no effect.  Finally, he got served a legal notice dated 01.06.2021 through registered post upon the OP requiring them to refund Rs.155/- but to no avail. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to pay Rs.155/- charged in excess with interest, Rs.90,000/- as business losses, harassment, mental tension and Rs.31,000/- as litigation expenses.
2.     Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 22.06.2022.
3.     We have heard the Counsel for the complainant and have gone through the documents on record.
4.     In exparte evidence, the complainant has tendered his detailed affidavit reiterating the averments made in the complaint along with the supporting documents. A combined reading of Annexures C-1 and C-2 i.e. invoice dated 28.05.2021 and the wrapper of the product i.e. Jumbo Mamra Giri clearly shows that the MRP of the product in question was Rs.1595/- whereas the OP had charged a sum of Rs.1750/- from the complainant which clearly amounts to indulgence into unfair trade practice on the part of the OP.  Besides this, the OP had issued estimate/order dated 28.05.2021 (Annexure C-1) qua the products purchased by the complainant duly signed by him by mentioning the shop name, shop No.118 & mobile number instead of issuing the proper invoice, which also amounts to indulgence into unfair trade practice on its part. 
5.     In the Revision Petition No.550/2006 titled as Hotel Nyay Mandir vs Ishwar Lal Jinabhai Desai, decided on 14.12.2010, the Hon’ble National Commission upheld the order of the District Forum directing the OP to refund excess amount charged alongwith compensation and costs besides Rs.1,50,000/- to be deposited in Consumer Fund.
6.     Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OP shows that they have nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted & un-controverted.
7.     In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OP is directed to refund the excess amount of Rs.155/- to the complainant along with lump sum compensation of Rs.5,000/- towards mental agony and physical harassment as well as litigation expenses.
8.     This order be complied with by the OP, within 60 days from the date of receipt of its certified copy, failing which the awarded amounts at shall carry interest @9% per annum from the date of this order till its actual payment.
9.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 09/01/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (PRITI MALHOTRA) MEMBER