Chandigarh

DF-II

CC/842/2016

Lalit Kumar Goel - Complainant(s)

Versus

United Colors of Benetton - Opp.Party(s)

Atul Goyal Adv. & Arjun Kundra Adv.

27 Jan 2017

ORDER

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

Consumer Complaint  No.	:	842 of 2016
Date  of  Institution	:	04.10.2016
Date   of   Decision	:	27.01.2017

 

 

 

 

Lalit Kumar Goel s/o Sh.Satish Kumar Goel r/o H.No.1676, Sector 33, Chandigarh.

                   …..Complainant

Versus

United Color of Benetton (Adi Sports), Elante Mall, Shop No.38-A, Ground Floor, Elante Mal, PUrv Marg, MW Area, Industrial Area Phase-I, Chandigarh -160002 through its Manager.

….. Opposite Party

 

BEFORE:     SH.RAJAN DEWAN                       PRESIDENT

                SMT.PRITI MALHOTRA                   MEMBER

SH.RAVINDER SINGH                   MEMBER

 

ARGUED BY:       

Sh.Atul Goyal, Advocate for the complainant.

Sh.Sumeet Goel, Advocate for the OP.

 

PER RAJAN DEWAN, PRESIDENT

                   In brief, the case of the complainant is that the OP, in order to promote the sale of its products, offered discount @ 40%  on the M.R.P. He purchased certain clothes of the MRP of Rs.5598/- for Rs.3526.74 P vide Retail Invoice dated 09.07.2016, Annexure C-1.  However, he was shocked to see the Invoice dated 09.07.2016 (Annexure C-1) that a sum of Rs.167.94P was charged towards VAT @ 5% on the discounted price.  It has been averred that the cost of the articles was already inclusive of all taxes. He objected to the charging of 5% VAT at the cost of the articles but to no effect.  It has been averred that the OP has no legal right to charge the VAT on the MRP which is always inclusive of all taxes.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.

2.           The OP filed its reply by way of affidavit and took preliminary objections inter alia that the complaint was filed by suppressing the material facts; that the Forum does  not have the jurisdiction to adjudicate the pricing issue and the issue covered under the VAT Act; that the allegations made in the complaint cannot be adjudicated in a summary proceedings; that the complaint is not maintainable as it fails to bring on record any document to prove mis-representation on the part of the OP;  It has further been pleaded that a discounted price does not become a New MRP that ought to be inclusive of all taxes as is being alleged by the complainant. It has further been pleaded that the MRP is purely a valuable consideration received against the sale of product. According to the OP, the complainant never raised any issue in relation to the charging of VAT on the discounted price, since he was well informed about the terms and conditions displayed alongwith advertisements pertaining to the discount scheme.  It was denied that the complainant was charged tax on tax.  Pleading that there is no deficiency in service or unfair trade practice on its part, the Opposite Party has prayed for dismissal of the complaint.
3.           The parties led evidence in support of their contentions.
4.           After hearing the Counsel for the parties and going through the evidence on record, we are of the considered view that the complaint is liable to be dismissed for the reasons stated hereinafter. The complainant has produced on record a copy of the Invoice of the items in question from which it cannot be ascertained that as to whether the MRP of the items in question is inclusive of all the taxes or not.  The complainant has not produced on record the copies of the price tags of the items in question to corroborate the fact that the price of the items in question is inclusive of all the taxes and that the OP has illegally charged VAT on the discounted price. Hence, the complainant has failed to prove his case against the OP.
5.           For the reasons recorded above, finding the complaint to be devoid of any merit, the same is hereby dismissed with no order as to costs.
6.           The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                               sd/-

27.01.2017                                                              (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

 (RAVINDER SINGH)

MEMBER