Tribunals and Commissions(2015) 04 NCDRC CK 0216

M/S. PIONEER MOTORS, EM PEE MOTORS vs AMARDEEP SINGH DHARNI & ANR.

National Consumer Disputes Redressal Commission · Decided on 27 April 2015 · Citation: 2015 3 CPJ 111

HON’BLE JUDGES
Ajit Bharihoke, Rekha Gupta
CASE NUMBER
NO 1455 of 2014

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Judgment

6 paragraphs · 286 words
1.

This revision petition is directed against the order of Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, "State Commission") dated 27.8.2013 whereby State Commission dismissed the appeal No.1701/2009 preferred by the petitioners/opposite parties.

2.

Briefly put facts relevant for the disposal of revision petition are that the respondent/complainant filed a consumer complaint against the petitioners alleging that the petitioner charged 2% extra on the bill of service of his vehicle only for the reason that the amount was not paid in cash but by debit card. The complaint was resisted by the opposite parties. District Forum, Fatehgarh Sahib, however, came to the conclusion that a sum of Rs.69/- was over charged by the petitioners/opposite parties. Thus, it allowed the complaint with penalty of Rs.75,000/-.

3.

Being aggrieved by the order of the District Forum, the petitioners filed an appeal before the State Commission. After hearing the petitioner, the State Commission dismissed the appeal with cost of Rs.10,000/-.

4.

Learned counsel for the petitioner at the outset has contended that grievance of the petitioner is against disproportionate penalty and cost imposed by the foras below.

5.

We have heard learned counsel for the petitioner and perused the record.

6.

We do not find any justification in imposing penalty of Rs.75,000/- on excess charges of Rs.69/- because of the payment made by debit card. Therefore, we allow the revision petition and set aside the impugned orders of the foras below and reducing the penalty from Rs.75,000/- to Rs.25,000/- which was to be deposited pursuant to the interim order of the District Form, Fatehgarh Sahib. The amount of Rs.25,000/-deposited pursuant to the interim order passed by this Commission, be released to the complainant, if not already released.