The Chandigarh Consumer Disputes Redressal Commission has held Unisex Fashions, operating a Pepe Jeans outlet, responsible for deficiency in service and unfair trade practice in a case involving a Rs 500 dispute, as reported by LiveLaw.
Background of the Case
Renu Goyal purchased four pairs of Pepe jeans under the store's 'One on One' offer, which allowed customers to get one item of equal or lesser value free when paying for a higher-priced item. She paid for two costlier jeans priced at Rs 3,999 and Rs 3,799, totaling Rs 7,798, and received two more jeans free of charge.
The following day, Goyal returned to the store to exchange one uncomfortable pair of jeans originally valued at Rs 3,299 for a pair priced at Rs 3,799. Despite having already paid the higher amount under the scheme, the store charged her an additional Rs 500 as a price difference and issued a fresh invoice.
Arguments Presented
Unisex Fashions contended that the jeans were sold under a 'no return, no exchange' policy and that the exchange was conducted solely as a goodwill gesture. Therefore, they argued, charging the price difference was justified.
The commission, however, disagreed with the company's stance. It held that once a seller voluntarily accepts an exchange and issues a new invoice, it cannot later claim the transaction was merely a favour to avoid its obligations.
Commission's Ruling
The commission emphasised that the 'One on One' scheme continued to govern the transaction even after the exchange. Upon recalculation, the four jeans were valued at Rs 3,999, Rs 3,799, Rs 3,799, and Rs 3,599. Consequently, Goyal was still entitled to two free jeans against the two she had paid for, and no additional amount was due.
Furthermore, the store failed to produce any written terms indicating that customers must pay a price difference on exchange. This lack of disclosure rendered the Rs 500 charge an unfair trade practice.
Directions and Compensation
The commission directed Unisex Fashions to refund Rs 500 with 6 per cent annual interest from 16 January 2021. Additionally, the outlet must pay Rs 5,000 as compensation for harassment and litigation costs within 60 days of the order.
This case underscores the importance of transparent policies and the obligations of sellers when they voluntarily accept exchanges under promotional schemes.
