By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief:- On 02.02.2024, the Complainant approached the Opposite Party and purchased chappel for her personal use. It is averred that the MRP of the said chapel was Rs.299/-, but the Opposite Party charged Rs.400/- thereby charging an amount of Rs.101/- in excess from the Complainant, which is totally illegal and amounts to unfair trade practice. Thereafter, the Complainant approached the Opposite Party for refund of the excess amount charged by the Opposite Party but it was in vain. Thus, alleging deficiency in service on the part of the Opposite Party. Hence, this complaint.
3. After receiving the complaint, the notice was issued to the Opposite Party. Though the notice was received by the Opposite Party, they failed to appear before the Commission and were set ex-parte on 23.05.2024.
4. From the side of the Complainant, she filed proof affidavit and the document produced was marked as Ext. A1 and chappel was marked as MO1.
5. We carefully perused the complaint, document and MO1. It is evident from the bill dated 02.02.2024 (Ext.A1) on record that the Complainant had purchased one chappel for Rs.400/-. MO1 is the chappel duly purchased by the Complainant from the Opposite Party, which clearly shows that its printed price is Rs.299/- only whereas the Opposite Party charged Rs.101/- in excess than the printed price on the chapel in question. Since the Opposite Party remained ex-parte in the proceedings, the document produced by the Complainant and the allegations set forth in the complaint and the testimony of the PW1 are unchallenging. The Complainant had succeeded to prove the case. On going through the available records and submissions, the Commission found that there is deficiency of service and unfair trade practice from the side of the Opposite Party and some difficulties have sustained by the Complainant and hence the Complainant is entitled to get the excess amount collected by the Opposite Party and compensation and cost.
In the result, the complaint is allowed and the Opposite Party is directed to refund Rs.101/- (Rupees One Hundred and One Only) to the Complainant and also direct to pay Rs.3,000/- (Rupees Three Thousand Only) as compensation and pay Rs.1,500/- (Rupees One Thousand and Five Hundred Only) as costs of the proceedings. The Opposite Party is hereby directed to comply this order within 30 days from the date of receipt of this Order, failing which the Complainant is entitled to get 9% interest for the above amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 24th day of September 2024.
Date of Filing:-28.02.2024.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Usha. K. P. Nursing Assistant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Sale Bill. Dt:02.02.2024.
MO-1. Chappal.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
