news details |
|
|
| Chemist overcharged Rs 29 from consumer | | |
JAMMU, JULY 19 Justice G S Sharma (Retd) Chairman State Consumer Commission and Khalid Hussain Member has accepted the appeal filed against the order of Divisional Forum and awarded Rs.20,000 as compensation to the appellant
The Divisional Forum had earlier awarded Rs 829 as compensation against Rs the 50,000 as demanded by the complainant.
This reportable order has been written by Justice GD Sharma after hearing Adv Ashok Kumar Basotra appearing for appellant Rano Devi (complainant) accepted the appeal and awarded Rs 20,000 compensation including the factum of over-charging, physical and mental torture as well as litigation charges with the direction that respondent M/S Tanu Pharma Chemists Sidhra, Jammu to make the payment within a period of one month failing which interest @ 9% per annum shall be chargeable from the date of making the complaint till final payment is made.
According to the complaint the complainant purchased medicines on the basis of the medical prescription recommended by a doctor from the respondent who overcharged Rs 28.94, upon which she filed a complaint before the Divisional Forum. The Forum awarded compensation of Rs 829 against this award and appeal was preferred before the Consumer Commission which was decided.
While awarding compensation to the tune of Rs 20,000, Justice GD Sharma observed that Commission considered the contentions of counsel appearing for the parties and gone through the record. It is an admitted case of over-charging as the respondent had charged Rs 29 over and above the normal rate of profit which the other chemists in that vicinity had been charging. The appellant had sent a registered notice for the return of the amount but the request had no effect on the respondent. The respondent came to the terms of accepting his mistake only after about five months when he filed his written version in the forum. This shows the moral depravity of the respondent whose sole moto in life is to meant money least knowing or bothering that his trade is governed by law and he is accountable to some authorities. In order to check such like mall-practices of cheating, the legislature has created J&K Consumer Protection to render justice to a little man. In the present case complainant knocked the door of the forum to get justice an attended the proceedings from March 19, 2004 to November 19, 2004 but got a paltry amount of Rs 829. The respondent had not only caused her financial loss and mental, physical torture but interacted with the provisions of the act because by unfair and deceptive trade practice is conduct fell within the panel. He can prove a constant threat to the society and indulging in such type of unfair trade. With these observations the Commission accepted the appeal and awarded Rs 20,000 as compensation to the appellan
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
