LAWS(NCD)-1992-12-15

HINDUSTAN LEVER LTD Vs. SHIVOM AGARWAL

Decided On December 17, 1992
HINDUSTAN LEVER LTD. Appellant
V/S
SHIVOM AGARWAL Respondents

JUDGEMENT

(1.) These three Revision Petitions involve identical questions of law. The facts being almost similar, and the Revision Petitioners being the same, they are disposed of by a common order.

(2.) The facts of the cases as recorded by the State Commission of Madhya Pradesh at Bhopal are that Smt. Asha Mahor respondent in Revision Petition No. 100, purchased a tin-container and the other two respondents in Revision Petition No. 99 & Revision Petition No. 101 polypack bags of "Triple Rin" washing soap which is a product of Hindustan Lever Ltd., petitioners in these Revision Petitions. The polypack bags were purchased on 20.3.1991 and 16.4.1990. Whereas the tin-container was purchased on 17.4.1990. The polypack bags were bought for Rs. 20/- each, which was the price displayed on a 'sticker'. As per the sticker the product was of February, 1991. On removal of the sticker, underneath the price originally printed was Rs. 18.50 and the month March, 1991. Likewise, the sticker on Tin-package displayed Rs. 22.50 and the date March, 1991, but underneath it was printed Rs. 20.50 and date February, 1991.

(3.) The Respondent Nos. 1,2 and 3 herein had claimed in the original complaints before the District Forum, refund of the excess prices paid according to them, plus Respondent in revision petition No. 100 had asked for Rs. 50,000/- as damages for mental pain, Rs. 10,000/- as compensation for alleged cheating & Rs. 2,500/- as Advocate's fees; Respondent in revision petition No. 99 in addition to the excess price of Rs. 1.50/- asked for Rs. 200/- as Advocate's fees and Rs. 500/- as compensation. Whereas Respondent in revision petition No. 101 besides the refund of excess price Rs. 1.50/- claimed Rs. 70,000/- as compensation for mental tension and Rs. 5,000/- as costs of litigation and expenses for lawyers, who were stated to have devoted much time for rendering "free legal aid".