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ITPO held guilty of unfair trade practice

By Our Staff Reporter

NEW DELHI JAN. 17. Even the India Trade Promotion Organisation (ITPO) can sometimes go back on its `word' as this Delhiite learnt the hard way. What she thought would have been a sensible business decision turned out to be seven-year-long bitter battle in court.

Responding to a tender advertisement, Ganga Devi Bhatt applied for a kiosk at Pragati Maidan for a period of 11 months. Her tender accepted, she was asked to deposit some money towards security, electricity and other charges for the kiosk. Though Ms. Bhatt completed all the paper work on time, ITPO dragged its feet in handing over the kiosk and gave it to her more than a month late. She didn't get any refund for the delay nor was her time period extended. Feeling cheated, she opted for the legal route.

The New Delhi Consumer Redressal Forum ruling in favour of Ms. Bhatt held the ITPO guilty of "deficiency of service and unfair trade practice'' and directed the organisation to refund the "pro-rata'' amount for the period at 9 per cent interest. The ITPO in its defence argued that Ms. Bhatt was aware of all the terms and conditions. Her bid of Rs. 83,000 was for the entire period and therefore it was under no obligation to refund the money.

After going through all the evidence, a bench presided by L.C Jain of the New Delhi Consumer Court ruled that the license for the kiosk clearly states the time frame of 11 months. The tender price is also for the same period therefore, the delay in the handing over the kiosk amounts to "deficiency of service and unfair trade practice.''

It further stated that the charges for the 40-day period could not be levied as the kiosk was not with Ms. Bhatt. Therefore, she is entitled to a refund on a "pro-rata'' basis.

The ITPO was thus directed to refund the amount at a 9 per cent interest till its realisation together with costs and damages of Rs. 5,000 within a period of 30 days.

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