West Bengal

Birbhum

CC/6/2017

Anukul Bala, S/O A.R.Bala - Complainant(s)

Versus

Prop, New Radhakrishna Mercantiles - Opp.Party(s)

Self

30 Jun 2017

ORDER

The complainant filed an application u/s 12 of the Consumer Protection Act, 1986 (amended upto date).

The case, in brief, is that Anukul Bala, the complainant purchased some materials such as paints, tiles and marbles from Radhakrishna Mercantiles @ New Radhakrishna Mercantiles (O.P) on 29.03.2016. As per the request of the complainant the O.P estimated the proposed products and finally delivered the same with estimated bill and challan. On the outer cover of the digital wall tiles the MRP has been written as Rs. 200/- per bag but the O.P has charged Rs. 300/- per bag from the complainant. Several times the complainant tried to know the cause for excess amount charged by the O.P but in vain. Finding no other alternative the complainant placed the matter before Asst. Director, C.A.&F.B.P, Birbhum and a tripartite meeting was fixed on 12.05.16 but no fruitful result was came. Hence, this case. The complainant prayed for reliefs as per the complaint.

Notice upon O.P has been duly served in proper address but the envelop containing notice returned with remarks “refused” by the Postal Department. So, as per Sec. 28A(3) of C.P Act, 1986 the notice had deemed to be served on the O.P and since the O.P did not appear to contest with the case. The case was heard ex parte against O.P.

The complainant filed evidence in chief on affidavit and some documents and examined himself. Ld. Lawyer for the complainant filed written argument.

We have heard Ld. Lawyer for the complainant and perused the documents produced by the complainant.

The complainant in his complaint and evidence in chief on affidavit stated that the O.P has taken Rs. 300/- per bag for the digital tiles though it was mentioned on the outer cover of the bag as Rs. 200/- per bag. In support of his statement the complainant submitted estimated bill, challan and outer cover of

Contd../2

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the packet of the tiles.

The outer cover of the tiles shows that the MRP of 375 X 250mm one bag tiles was Rs. 200/- inclusive all taxes. It is also clear from the estimate and challan that O.P has taken Rs. 300/- per bag for 15” x 10” digital tiles. So, the O.P has taken excess charges of Rs. 100/- per bag. Those documents also shows that the complainant has purchased 25 bag of above mentioned tiles. Therefore the O.P has taken excess charges of Rs. 2500/- for those 25 bag tiles than the actual printed price on the outer cover of the bags.

Besides the O.P has refused to accept the notice and did not appear to contest with the case though the notice has been duly served in proper address. Hence, the evidence on affidavit and documents submitted by the complainant remains unchallenged. So, we have no other alternative but to rely upon the unchallenged testimonies. Moreover, the complainant placed the matter before Asst. Director, C.A.&F.B.P, Birbhum and the O.P also appeared there and agreed to refund Rs 2500/- to the complainant for those tiles but the complainant refused the proposal.

So, from the above discussion it is crystal clear that O.P has taken excess charges for the 25 bags tiles then the actual printed price on the outer cover of those bags which is nothing but unfair trade practice. Hence, the case stands in favour of the complainant.

We also discussed on the compensation claimed by the complainant and decided that the O.P has cheated and deprived the complainant by taking excess price for 25 bags tiles than the actual printed price, which amounts to unfair trade practice with the complainant. So, the complainant is entitled for the compensation of Rs. 5000/- for same.

Proper fees have been paid.

            Hence, 

O R D E R E D                                        

that C.F Case No. 06/2017 be and the same is allowed ex parte against O.P with cost of Rs. 1000/-.

The O.P is directed to refund Rs. 2500/- to the complainant. The O.P also directed to pay Rs. 5000/- as compensation to the complainant. All the above orders may comply within one month from the date of this order failing which the complainant shall be at liberty to execute this order as per law and procedure.

A copy of this order be supplied to the parties each free of cost immediately.