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Furthermore, the issue on the correct cycle of the subject unit, as to whether
the same has a 60 Hertz-cycle or a 50 Hertz-cycle, cannot just be ignored.
The facts show that when the Complainant-Spouses bought the unit, they
were told that the same has a 60 Hertz-cycle. However, the brochure/manual
given to them and the unit itself showed otherwise, as what appeared
therein was 50 Hertz-cycle. To explain said inconsistency, the Respondents
submitted a Certification dated 02 December 1999 issued by the Frigidaire
International Company, certifying that the sticker on the body frame of the
refrigerator unit bearing the words "50 Hertz" is an erroneous omission as
the same is actually 60 Hertz.
The facts of the case reveal that respondent is liable for deceptive sales
act and practices under the Consumer Act. Although respondent admitted
that there was no intention to defraud the complainant, the fact remains
that it became negligent when it failed to exercise the diligence due
and demanded under the existing circumstance. Clearly, the
complainant would not bother to question the price appearing in the receipt
had it been shown from the menu price board that the actual price was
already Php15.00. It must be noted that the law punishes an act of the seller
when it represents that a product or service has been supplied in accordance
with the previous representation when in fact it is not. Since the amount
collected for the rice dish from the complainant is Php15.00, it is one peso
higher than what was indicated in the menu board. Naturally, every person in
a similar situation with complainant could naturally feel to have been
deceived upon noticing that there is a price difference in the actual receipt
than what was shown in the menu board or price list. Thus, even supposing
there was actually no intent to defraud the customers and respondent has
offered to refund the Php1.00 difference, it is to be emphasized that in every
transaction, the seller, respondent included, must be vigilant in dealing with
its customers so as to avoid the occurrence of the circumstance similar to
what transpired in this case.