Chandigarh District Commission Holds AJIO And Reliance Retail Liable For Charging More Than The Product's MRP

Facts of the Case:

Deepika Bhardwaj (“Complainant”) purchased a Laptop Briefcase from Reliance Retail Limited (“Seller”) through the official website of AJIO. The advertised price of the subject briefcase was Rs. 38,000/-, but after a discount, the Complainant paid Rs.34,960/-, as reflected in the provided bill. Upon opening the delivered box, the Complainant was surprised to note that the original Maximum Retail Price (MRP) of the briefcase was printed as Rs. 33,900/- on the tag. The Complainant then called on AJIO's toll-free number but she didn't receive any response. Later, she also wrote an email to AJIO and Reliance Retail Limited but didn't receive a satisfactory reply. The Complainant then filed a consumer complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”). AJIO and Reliance Retail Limited didn't appear before the District Commission and was proceeded against ex-parte.

The Complainant contended that Ajio was obligated to refund the excess amount charged, considering the disparity between the paid amount and the actual MRP. Notably, the price of the briefcase was at the time of hearing still advertised as Rs. 38,000 on the AJIO's website, inclusive of all taxes.

Observations of the Commission:

After perusing the evidence presented by the Complainant, the District Commission noted that AJIO has consistently displayed an MRP of Rs. 38,000/- on their website, while the actual MRP is Rs. 33,900/-, leading to the sale of the briefcase at a price Rs. 1,060 higher than the genuine MRP. The District Commission noted that AJIO didn't appear to present any evidence and this unchallenged evidence supported the conclusion that AJIO engaged in a deficiency in service and unfair trade practice.

While the Complainant asked for a refund of the entire amount, the District Commission noted that she had been using the briefcase without expressing an intention to return it. The Complainant could have returned the briefcase and could have sought a refund for the same. Therefore, the District Commission directed Reliance Retail Limited and AJIO to refund the excessive amount of Rs. 1,060/- to the Complainant along with interest at a rate of 9% per annum from the date of receiving the bill amount. Additionally, it was ordered to pay Rs. 5,000/- as compensation for causing mental agony and harassment and another Rs. 5,000/- as costs of litigation to the Complainant.

Case Title: Deepika Bhardwaj vs Ajio and Anr.

Case No.: CC/698/2022

Advocate for the Complainant: Raksha Raghav

Advocate for the Respondent: None