Adv. For the Complainant  : -  Chandra Shekhar Mishra and Others

        Adv. For the OPS                 :-   No

        Date  of filing of the Case  :- 20.10.2023

        Date of Order                       :-02.07.2024

 JUDGMENT

Smt. Jyotsna Rani Mishra , Member

Fact of the case:-

          The present complaint as alleged are that on 26^th Sep.2023 complainant went to the store of opposite party to purchased readymade dress which includes night suit, sweat shirt, leady T-shirt, lady track pants and top (in total –Nine materials) and same were taken to the billing disk ( Counter No. 8) of opposite party by the complainant and paid Rs.2941/- while paying the cost OP engaged at the counter claimed extra cost of Rs.16/- for issuance of a shopping bag and by this there is deficiency in service by the opposite parties.

              The complainant shown his hesitation to pay the extra a cost and asked for a carry bag in order to pick the purchased material to home from the store but said sales man vehemently denied and asked for payment for carry bag. On repeated approach of complainant the man in the counter grew in to a rage and forced through the security guard to leave the counter soon and told that he can’t go beyond the direction /order of the management and he has been speaking in the voice of his master. The complainant asked that whether they have displayed anywhere in the store that carry bags shall be charged extra. Then the answer was in negative.

         That, the act, behavior and attitude of the business executive is a born example of unfair trade practice commited by the business organization over a consumer. The complainant being a consumer was compelled to purchase a carry bag against his will and has been charge Rs.16/- extra cost which is illegal.

     That, the management of Vishal Mega Mart Bolangir be directed to return Back Rs.16/- to the complainant and cost of the case he awared for physical labour and mental agony sustained in the course of entire incident till date by the complainant.

 Complainant relies on following documents:-

1. Bill of Visal Mega Mart.

Having gone through the complainant it’s accompanied documents and on hearing the complainant, prima facie it seemed to be genuine case hence admitted and notice to the OPS was served and in response to the notice Ops did not appeared before the commission, sufficient time and facilities has been given but Ops could not turn up and filed their written versionwithin the statutory period and fails to proves their credential as such Ops are set ex-parte from the dated.16.04.2024 and it is presumed that all the allegation made by the complainant is admitted by the Ops made against them. They have lapse the opportunity to prove their credential through regular hearing.

Taking all the documents, circumstances and evidence on record I found that Ops are liable for deficiency in service and unfair trade practice.

There are some important decisions given by consumer court in Delhi has ordered Reliance Trends to pay a fine of Rs.3,000/- for charging a customer Rs.7 for a CarryBag .Reliance Trends maintained that purchase of the carry bag was optional , and customers were not obliged to buy one NCDRC in the case of Big Bazar ( FutureRetail -) Late Ashok Kumar up had thedecision of the State Consumer Commission ( SCC) of Chandigarh where it had directed Big Bazar to refund the cost of carry bag and to pay compensation to the complainant. As a result , they had to opt for the paid bags which cost between Rs.6 to Rs.20 Sec. 36 (5) of the sales of Good Act.1930 was refferedto by the consumer court which state that “ unless otherwise agreed ,the expenses of and incidental to putting the goods in to a deliverable state shall be borne by the seller”. Therefore, it is the primary responsibility of the seller to ensure that the goods are given to a buyer in a deliverable state and all the expenses are to be borne by the seller. Therefore a store can’t charge a consumer for a carry bag.

As such I gave my thoughtful consideration in favour of complainants with the following directions.

                                                    ORDER

I directed opposite parties to pay Rs.20,000 /- towards compensation amount for their deficiency in service.

I further directed to pay Rs. 10,000/- for mental agony and harassment and Rs.3, 000/- towards litigation expenses. Within one month from the dated of filing. Failing which the Ops are directed to pay the total amount @9% P.A. from the dated action arose. Till realization.

                                                                    No award as to cost.

 PRONOUNCED IN THE OPEN COMMISSION TO-DAY  02^th  day of  July‘ 2024.