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Booze delivered late at function, Excise Commissioner fined Rs 20K

Jalandhar, November 21: Late delivery of booze to a consumer for a party for which he had duly taken permit from the Excise Department has cost the District Excise and Taxation Commissioner and a liquor company dearly. He has been asked to pay Rs 20,000 to the consumer as compensation and litigation expenses.

Forced to buy from particular company

  • Complainant Avneet Singh had sought permit from the Excise and Taxation Department on January 7 to serve liquor at a function
  • The permit was issued without complete details and the complainant was forced to buy liquor from Jalandhar Wine
  • The company issued bill with a serial number but without mentioning VAT and taxes on it, which was unfair trade practice

Complainant Avneet Singh, a resident of Basti Sheikh, said he had been blessed with a baby boy in 2019 and hence he decided to celebrate the function of his son’s first Lohri in January 2020. The complainant booked a palace for the purpose for January 11 from 8 pm onwards. The family of the complainant decided to serve liquor to the guests and sought permit from the Excise and Taxation on January 7. The permit was issued without complete details and the complainant was forced to buy liquor from Jalandhar Wine. The company issued bill with a serial number but without mentioning VAT and taxes on it. The said practice is clearly intentional and falls under the category of unfair trade practice and negligence service.

Further, Jalandhar Wine forced the complainant to buy liquor from the liquor shop namely National Dhaba, ceasing his right to make the purchase from the shop of his choice. The delivery of the liquor was supposed to be made on the function night. The complainant alleged that he was forced to roam around from one shop to another shop for the liquor that night due to the act and conduct of company. He alleged that by the time he got the booze delivery, it had been very late and many of the guests had already left and the function got disturbed.

The complainant said he faced loss of time, humiliation and loss of finance and sought Rs 1 lakh as compensation. A notice was issued to Jalandhar Wine as well as the DETC. Since no one appeared for the company, it was proceeded against exparte. There was just one appearance from the office of the DETC but he, too, failed to file a written statement for the past many dates and hence he, too, was proceeded against exparte.

The forum noted that there is no such rule/law where a person can be compelled to purchase a liquor from a particular shop once he has paid excise tax. “Since the opposition parties have not come to contest the case, the version of the complainant remained un-rebutted and un-challenged. The allegation of the complainant is supported by his own affidavit and supporting documents. After going through the documents and affidavit, the complaint is partly accepted and opposition parties are directed to pay Rs 20,000 as compensation including litigation expenses to the complainant for causing mental tension and harassment,” the forum decided.

The above news was originally posted on news.google.com

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