Orissa

Cuttak

CC/81/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Vishal Mega Mart - Opp.Party(s)

14 Jul 2023

ORDER

                IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.81/2023

          Dr. Sunil Kumar Rath,

           S/o: Simanchal Rath,

           Plot No.3C/876,Sector-10,

           CDA,Cuttack-753014.                                           ... Complainant.

 

          Vrs.

 

Manager,Vishal Mega Mart,

Plot No.-10-3 CM-1205 BSector-10,

Bidanasi Project Area,Markat Nagar,

Cuttack-2,Dist: Cuttack-753014 .                           ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:   16.03.2023

Date of Order:  14.07.2023

 

For the complainant:                   Self.

For the O.P.                :               None.     

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he had purchased from the O.P one Yellow Diaper pant small Jumbo pack with MRP Rs.799/- with a declaration that “buy one get one”.  After purchasing the same, the complainant could notice that he was cheated since because the O.P had taken from him Rs.449/- instead of Rs.399.50p corresponding to bill no.7027750003929 dt.1.3.2023.  He had reported the matter to the O.P and to the Customer Care of the O.P. but when the issue was not resolved, he had to approach this Commission claiming from the O.P Rs.449/- that which he had paid to the O.P alongwith compensation to the tune of Rs.50,000/- towards his mental agony and harassment and further his litigation expenses.  The complainant has also prayed for any her order as deemed fit and proper.

Together with his complaint petition, the complainant has filed copies of the advertisement for the product, the copy of the money receipt, copy of the legal notice as sent to the O.P to that effect and other pertinent copies in order to prove his case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dt.27.4.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if the O.P has practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

          Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the averments as mentioned in the complaint petition and after going through the copies of several documents as available in this case being filed by the complainant, it is noticed that infact the complainant had purchased yellow diaper by paying a sum of Rs.449/- but as per the advertisement the O.P should have taken Rs.399.50p.  Thus, it clearly amounts to deficiency in service on the part of the O.P who has also practised unfair trade by cheating the complainant.  This point thus, goes in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.P.  The O.P is directed to refund Rs.499/- to the complainant as paid by him for the product.  The O.P is also directed to pay the complainant a sum of Rs.50,000/- towards compensation for his mental agony and harassment alongwith a further sum of Rs.20,000/- towards the litigation expenses of the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 14^th day of   July,2023 under the seal and signature of this Commission.

                                                                                                                  Sri Debasish Nayak

                                                                                                                           President

                     

 

                                                                                                                Sri Sibananda Mohanty

                                                                                                                              Member