Bhatinda District Commission Holds Vishal Mega Mart And Air Plaza Retail Liable For Failure To Honour 'Buy One Get One Free' Scheme
The District Consumer Disputes Redressal Commission, Bathinda (Punjab) bench comprising Justice RL Mittal (President) and Sharda Attari (Member) held Vishal Mega Mart and its parent company, Air Plaza Retail Holdings Pvt. Ltd., liable for deficiency of services for charging the price for an item which was advertised as “buy one get one free”. The bench directed them to pay the...
The District Consumer Disputes Redressal Commission, Bathinda (Punjab) bench comprising Justice RL Mittal (President) and Sharda Attari (Member) held Vishal Mega Mart and its parent company, Air Plaza Retail Holdings Pvt. Ltd., liable for deficiency of services for charging the price for an item which was advertised as “buy one get one free”. The bench directed them to pay the excess amount of Rs. 194.18/- and a compensation of Rs. 10,000/- to the Complainant along with Rs. 5,000/- for the litigation costs incurred by him.
Brief Facts:
Mr. Jagdev Singh (“Complainant”) visited Vishal Mega Mart in Bathinda to purchase household goods. The store was owned by Air Plaza Retail Holdings Pvt. Ltd. (“Air Plaza”), under the brand name 'Vishal Mega Mart'. At the store, the Complainant noticed a "buy one get one free" scheme on 'Lifeboy Handwash Total 10' priced at Rs. 199/-. Believing he would be charged only for one pouch, the Complainant picked two pouches. However, upon checking the bill at home, he found both pouches were charged Rs. 393.18 which was contrary to the scheme. Thereby, he was charged an excessive of Rs. 194.18/-.
Following this, the Complainant visited the store again to address the issue but received no satisfactory response. Vishal Mega Mart failed to refund the excess amount, stating that he was charged correctly for the items. The Complainant made several attempts to resolve the issue but didn't receive any relief. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Bathinda (“District Commission”) and filed a consumer complaint against Vishal Mega Mart and Air Plaza.
Vishal Mega Mart and Air Plaza didn't appear before the District Commission for proceedings. Therefore, they were proceeded against ex-parte.
Observations by the District Commission:
The District Commission noted that the computerised records indicated that the Complainant qualified as a 'consumer' of Vishal Mega Mart. Additionally, the scheme of "Buy one and get one free" was imprinted on the pouches purchased by the Complainant. The District Commission held that the Complainant purchased the items in good faith to avail of the scheme provided by Vishal Mega Mart. However, Vishal Mega Mart erroneously charged the Complainant for both pouches instead of applying the scheme as advertised.
Furthermore, it noted that Vishal Mega Mart and Air Plaza did not offer any rebuttal or contestation against the Complainant's allegations. Consequently, the District Commission held Vishal Mega Mart and Air Plaza liable for deficiency in services.
It directed them to refund the excess amount of Rs. 194.18/- to the Complainant. Additionally, they were directed to pay a compensation of Rs. 10,000/- to the Complainant for the mental distress and harassment caused, along with litigation expenses amounting to Rs. 5,000/- incurred by him.