LAWS(NCD)-2017-2-90

BENETTON INDIA PRIVATE LIMITED Vs. RAVINDER SINGH

Decided On February 09, 2017
Benetton India Private Limited Appellant
V/S
RAVINDER SINGH Respondents

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Punjab dated 25.07.2016 whereby the State Commission dismissed the First Appeal No. 948/2015 filed by the petitioner opposite party and confirmed the order of the District Forum Amritsar.

(2.) Briefly stated, the facts relevant for the disposal of the revision petition are that respondent complainant on 11.07.2014 purchased one trouser from the petitioner opposite party vide bill no. 769-3375 dated 11.07.2014. The trouser was offered on 30% discount on MRP, which as per tag was Rs.2299/- inclusive of all taxes. The petitioner after discounting the MRP by 30% of Rs. 2299/- sold the trouser for Rs.1609/-. However, on the aforesaid discounted price, the petitioner charged 6.05% VAT amounting to Rs.97.36/-. According to the complainant, when the trouser was offered on 30% discount on the tag price, which was inclusive of taxes, the addition of VAT on discounted price amounts to overcharging and unfair trade practice. The complainant thus filed consumer complaint in the District Forum, Amritsar.

(3.) The petitioner contested the complaint by filing written statement, while denying the allegations of over charge or unfair trade practice on its part, it was pleaded that subject trouser was offered on 30% discount subject to payment of VAT etc. Therefore, the allegation made by the complainant that the petitioner had illegally charged VAT is without any basis.