DCPF penalizes bakery shop for unfair trade practice

“This caused severe mental pain, agony, harassment and financial loss to me,” he states in the complaint.

MUDASIR YAQOOB
Srinagar, Publish Date: Feb 24 2018 1:03AM | Updated Date: Feb 24 2018 1:03AM
DCPF penalizes bakery shop for unfair trade practiceFile Photo

District consumer protection forum (DFPF) has directed a local bakery shop here to pay Rs 8,000 to a consumer as compensation for failing to deliver his order on time.

As per the complaint submitted by Javid Ahmad Wani of Sopore before the forum, he had booked an order for delivery of cakes on 22 September 2008 and paid Rs 400 to Hat Trick Karan Nagar. The order was to be delivered on 30 September 2008.

In his complaint, he alleged that he visited the bakery to get delivery of cakes. “But despite long wait for two hours the order was not delivered to him. I was shocked to know that the cake was sold by bakery shop on higher price to some other customer. I impressed upon shop management that cake was required to be taken to in-laws house of his sister, but they rebuked me,” he said.  

“This caused severe mental pain, agony, harassment and financial loss to me,” he states in the complaint.

The complainant had relief of Rs 400 as the principal amount alongwith interest and prayed for compensation as well as litigation expenses.

In its response, the bakery shop management in written reply before the forum had claimed that cakes were delivered well on time to the complainant, “but he wanted to cancel the transaction and not to take the delivery.”

After hearing both parties and taking evidences from both sides on record, the forum presided over by Muhammad Ashraf Malik, principal district and sessions judge and Farah Deeba and Tariq Hussain Qadri as its members examined the evidence and witnesses, and found ‘Hat Trick’ guilty of deficiency in services and unfair trade.

It its detailed order, the forum said that it would also discern that opposite party was required to deliver the cake to the complainant on 30 September 2008.

“Though non-delivery of cake on the schedule date is denied by it in the written version as also in the affidavit evidence, yet it did not chose to cross examine any of the complainant witnesses. Even the opposite party has not bothered to appear before this Forum during the course of final hearing. More so, the evidence led by the opposite party that complainant was later inclined to cancel the transaction and get the payment refunded does not appeal to reason as the complainant had booked the delivery of the product much earlier on 2 September 2008,” the forum added.

Holding it guilty of being deficient in service and has adopted unfair trade practice, the forum directed the 'Hat Trick' to pay 5,000 as compensation for mental pain, agony, harassment and financial loss to the aggrieved and Rs 3,000 as litigation charges. It added that the order shall be complied within 30 days from the date of receipt of its certified copy, failing which the amounts shall carry interest at 14 percent from the date of default till actual payment or realisation.

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