By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 06/05/2022 complainant contacted the opposite party shop to purchase a new crash guard for his motor bike. Opposite party assured that the crash guard kept in his shop is of good quality and original. By believing the words of opposite party, complainant agreed to purchase the crash guard opposite party provided the packed crash guard and a bill for Rs. 2950/- to complainant and complainant paid the bill amount. Complainant not taken bike on that day and the opposite party directed the complainant to fix the crash guard from any workshop.
2. Opposite party packed the crash guard in a separate pack and handed over to complainant and complainant was not checked the same by opening the sealed pack. After fitting the crash guard the mechanic enquired the complainant that how much he had paid for purchasing the crash guard. Complainant replied that he had paid Rs.2950/-. Then mechanic informed the complainant that the said product only costs Rs.2200/-. Then complainant took that packet and examined the same in detail and found that the MRP printed as Rs.2500/- inclusive of all taxes. Then complainant made an enquiry and found that the actual cost of the crash guard is Rs.2200/- only. Complainant again stated that, he was purchased the crash guard during night time and he failed to check the actual price of the crash guard. When the complainant contacted over phone to opposite party and their reply was to bring the product to their office.
3. When complainant contacted the opposite party, then opposite party shouted at complainant by using filthy words and the complainant was harassed in front of his family members. The act of opposite party is a clear unfair trade practice. Opposite party is doing all illegal acts, unfair trade practice, illegal propaganda through media and deficiency in service. Complainant again stated that opposite party is cheating the consumers and making illegal profits. Opposite party is bound to compensate the complainant for his illegal acts. Complainant lost Rs.450/- over MRP price.
4. The prayer of the complainant is that, he is entitled to get the refund of Rs. 450/-the additional amount which was received by opposite party from complainant, Rs.50,000/- as compensation on account of unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs.1,00,000/- as an amount directed to the opposite party to pay to the Legal Service Authority and cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party and notice served on them and they appeared before the Commission through their counsel and filed vakkalath on 28/06/2022. Thereafter, they filed version on 01/08/2022. As per records it is seen that opposite party received notice on 10/06/2022 and they filed version only on 01/08/2022 which is beyond the statutory period of 45 days. Hence opposite party set exparte. Thereafter CC 174/2022 posted for affidavit of complainant.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & MO.1. Ext.A1 is the original cash received receipt for Rs. 2950/- given by opposite party to complainant dated 06/05/2022. MO.1 is the plastic cover with price tag.
7. Heard the complainant and perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced Ext. A1 document and MO.1 which are very supportive to prove his case. As per Ext A1 document, it is seen that opposite party received Rs. 2950/- from complainant for the Crash guard and they put cash received seal on the receipt. The MO.1, the price tag which shows that the MRP is only Rs. 2500/- .From the documents it is clear that opposite party received Rs. 450/- extra from complainant. The MRP is only Rs. 2500/-. Opposite party had received an additional amount of Rs.450 from complainant and that is a huge amount compared to the actual price of the crash guard mentioned in the price tag. It is a clear cheating by the seller to a poor consumer. Hence the Commission finds that there is a clear unfair trade practice on the part of the opposite party as alleged in the complaint.
8. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.450/-(Rupees Four hundred and fifty only) to complainant, the additional amount received by them from the complainant.
- The opposite party is directed to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant on account of unfair trade practice committed by opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days fromthe date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 13th day of January, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Original cash received receipt for Rs. 2950/- given by opposite party to
complainant dated 06/05/2022.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MO.1 : Plastic cover with price tag.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
