The District Consumer Disputes Redressal Commission in Chandigarh has directed Unisex Fashions Pepe Jeans, located in Sector 17-C, Chandigarh, to refund Rs 500 charged extra along with interest for a pair of jeans purchased under an offer. Additionally, the commission has ordered the shop to pay Rs 5,000 as compensation to the consumer for harassment and litigation expenses.
Background of the Complaint
Renu Goyal, a resident of Chandigarh, filed a complaint stating that she visited the Pepe Jeans store on January 15, 2021, which was promoting a 'one on one' scheme. Under this scheme, a customer had to pay the price of the higher-priced product and would receive another product of the same or lesser value free of cost.
Accordingly, she purchased four denim jeans of the Pepe brand for her husband, with MRPs of Rs 3,299, Rs 3,599, Rs 3,799, and Rs 3,999. As per the offer, she paid the higher amount for two jeans: Rs 3,999 and Rs 3,799, totaling Rs 7,798 on January 15, 2021.
Exchange Leads to Dispute
Later, one jean with an MRP of Rs 3,299 was not comfortable, so she and her husband went to the shop to exchange it. They selected another denim jean with an MRP of Rs 3,799. Since she had already paid the higher amount, she believed nothing more was to be paid. However, the shop owner charged her the difference between the two jeans: Rs 3,799 minus Rs 3,299, which is Rs 500. She resisted this charge but was unsuccessful.
Alleging that this act amounted to deficiency in service and an unfair trade practice, she filed a complaint seeking a refund of the excess amount, along with interest, compensation, and litigation expenses.
Commission's Decision
In its written response, the shop owner denied the allegations, arguing that since the complainant wanted to exchange an item of Rs 3,299 with one of Rs 3,799, she was rightly asked to pay Rs 500, and no excess amount was charged.
After hearing the arguments, the commission stated that the shop owner failed to provide any terms and conditions of the scheme that specifically stipulated that in case of exchange, the customer would be liable to pay the differential amount. The overall transaction was governed by the 'One on One' offer, and in the absence of any such disclosed condition, demanding and collecting an additional Rs 500 amounted to deficiency in service and an unfair trade practice.
The commission ordered the shop to refund Rs 500 with interest from the date of collection until payment, and to pay Rs 5,000 as compensation for harassment and litigation costs.
