BHARGAV AUTO AND ELECTRIC STORES Vs. LAJJARAM TIWARI

JUDGEMENT

(1.) This is an appeal filed by the Original Opposite Party against the decision of District Forum, Gwalior allowing the complaint against Appellant and directing the Appellant to refund a sum of Rs.115.43 paise as the excess price recovered on a cut-out with Rs.200/- as compensation, Rs.100/- as expenses of litigation and Rs.250/- as Lawyer's fee.

(2.) The complainant had alleged that on 5-10- 91 he had purchased a cut-out manufactured by LUCAS Company from the Opposite Party's shop. It was sold to him for Rs.484/-on 5-10-91 and Cash Memo No.1613 was given to him. It is alleged by the Complainant that on the cartoon in which the cut-out was packed the maximum retail price inclusive all taxes was printed as Rs.368-57 paise. Thus, a sum of Rs.115.43 paise was charged over and above the maximum retail price. The Complainant claimed this amount back with Rs.1000/- as compensation.

(3.) In reply the Opposite Party, the Appellant herein; admitted to have sold the article for Rs.484/-, but, it was denied that excess price was charged. According to the Opposite Party, the price charged was authorized by the Company vide circular dated 10th August, 1991. According to this circular, the maximum retail price was Rs.484.95 paise. The District Forum relied on the version of the Complainant and held that excess price had been charged. The ground on which it was so held was that under the Standards of Weights and Measures Act, 1976 price in excess of the price printed on the cartoon cannot be charged.