M.THANIKACHALAM J. - (1.) The third opposite party is the appellant.
(2.) The complainants have filed this case for the refund of Rs.10.75 paise by the third opposite party, alleging that they have collected excess amount for the diesel purchased on 6.12.2008, further claiming a sum of Rs.25,000/- as compensation for mental agony, further claiming a sum of Rs.25,000/- for selling the diesel more than the MRP as well as a further sum of Rs.10,000/- for unfair trade practice, contending that though the first and second opposite parties have reduced the price of the diesel from Rs.37.70 paise to Rs.35.70 paise per litre, with effect from midnight on 5/6-12.2008, the third opposite party had sold the diesel on 6.12.2008, at about 6.50 a.m. at the old rate, which should be classified as deficiency in service, unfair trade practice, selling the goods more than the MRP.
(3.) The third opposite party questioning the correctness of the pleadings, pointing out the discrepancies therein, would contend, that when the notice was issued, the amount was returned, expressing their regret and therefore, there was no deficiency or unfair trade practice, praying for the dismissal of the case with exemplary costs.;