S. JAYARAMAN Vs. A.P. SETHURAMAN

JUDGEMENT

(1.) This revision petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, 'the Act') assails the order dtd. 10/4/2017 of the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in First Appeal no. 268 of 2015 arising from the order dtd. 4/5/2015 in Consumer Complaint no.CCSR no.72 of 2015 before the District Consumer Disputes Redressal Forum, Coimbatore (in short, 'the District Forum").

(2.) Since these six revision petitions have been filed against a common order dtd. 10/4/2017 passed by the State Commission and raise the same grievances, we propose to decide these by passing a common order taking RP no. 2247 of 2017 as the lead case.

(3.) The brief facts of the case, as alleged by the petitioner, are that although the respondent had advertised that they will give 18% discount on MRP Rate for the medicine Benadryl and Zyrtec etc., it only provided 18% discount for one medicine and 5% discount for another medicine. The petitioner states that on 5/10/2014, the petitioner purchased Benadryl medicine from the respondents shop in P N Pudur shop where a discount of 10% was given on the said medicine. However, the petitioner alleges that when the petitioner purchased the same medicine from the shop in Vadavalli a discount of 18% was given. The petitioner states that since different rates of discount, i.e., 10% and 18% were given for the same medicine in different shops, he sought a clarification from the respondent within 10 days. The petitioner further states that the respondent in the said two shops at Pudur and Vadavalli had kept adisplay board stating that 'For all medicines 18% discount will be given on MRP price'. For the medicines Benadryl and Zyrtec purchased on 4/11/2012 they had given a discount of 5% and 18% respectively. It is, therefore, alleged that the respondent committed deficiency in service. As the respondent did not file reply to the clarification sought by the respondent, the petitioner filed a consumer complaint (CCSR no.72 of 2015) before the District Forum which, vide its order dtd. 4/5/2015,dismissed the complaint stating that the petitioner/ complainant was in the habit of filing cases with commercial motive and waste the precious time of the court. The District Forum also imposed a fine of Rs.1000.00 to be deposited with the Consumer Legal Service Authority.