PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-212/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mohammed Mustaq Ansari, aged about 41 years,

S/O-Mohammed Mubaraq Ansari

R/O- Brookshill Colony, Ram Mandir Road,

Ps-Dhanupali, PO/Dist- Sambalpur, Odisha

Mob- 9853210530                                                              ……….......Complainant

-Vrs.-

1. V-Mart Retail Limited

Through its Managing Director,

Plot No. 862, Udyog Vihar Industrial Area,

Phase V, Gurgaon-122016, Haryana

Email- V-Mart Retail Limited

Represented through its store Manager

Unit-4, Gole Bazar, Nayapara, Ps-Town,

•  
•                         .....................Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. s                      :- Sanjukta Hota & Associates

Date of Filing:28.11.2023,  Date of Hearing :22.04.2024  Date of Judgement : 28.05.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the case of the Complainant is that on dtd. 25^th Nov 2023, the Complainant visited the OP No. 2 to purchase some winter wear for himself and his kids and had purchased total of 8 products worth Rs. 3314/- but while billing staff asked the Complainant to scan a QR code kept over the billing counter to avail a free carry bag or else the Complainant shall have to bear an extra cost of Rs. 11/- towards carry bag and when the Complainant scanned the said QR code from his mobile phone using Google Chrome application, a link reflected on the mobile screen which subsequently drove the Complainant to Google play Store where the Complainant was directed to install an application named “Lime Road” to which the Complainant raised his objection, as the Complainant was not at all comfortable in downloading and installing any application for the want of a carry bag and this objection does not goes well with the billing staffs and the billing staffs in a very rude manner asked the Complainant to pay Rs. 11/- extra and entered into a verbal spat with the Complainant. When the Complainant expressed his willingness to speak to the store manager so that his grievance may be addressed. The billing staff among one of which was a female, asked the Complainant to pay and leave or else carry the stuffs/goods purchased as the Complainant wishes to carry and when the Complainant stressed in speaking to the store manager, both the staffs acrimoniously replied that the name of the store manager is Mr. Biswajit Brahma and the Complainant may speak to the store manager and if the Complainant does not have the capacity to pay Rs. 11/- for the carry bag then why is he purchasing products worth of thousands, raising concern over a merge amount of just Rs. 11/- and that too for a carry bag, belittle a customer to which the Complainant felt offended as his kids and other customers were standing and addressing the discussion and in order to escape from such an unpleasant inimical situation, the Complainant out of no choice, paid the entire billing including the carry bag.
2. The version of the O.P is that the Complainant was on the billing counter informed regarding the facility of getting carry bag either free or chargeable. He was specifically asked to download the LIMEROAD app to avail himself of the facility of getting a free carry bag. He was never forced to get a carry bag which is chargeable rather he was specifically guided by the staff to scan the QR road which is itself admitted by the Complainant in his complaint.  Charging of carry bags is not against public policy and by such act of the OPs the Complainant had suffered mental agony is not correct. Good quality of material are used for carry bags and same are nature friendly could be easily decompose to the nature thereby the OPs are not doing anything unethical by charging a good quality material. The Complainant did not provide any feedback or complaint regarding present issues which can be easily submitted through given email, phone number but he went straight to the Court by filling a malicious case and extorting money from the OPs. In the light of aforementioned facts it is that the consumer complaint lacks merit. The OP requests the esteemed consumer forum to dismiss the said complaint.
3. From the above it is found that the Complainant had no intention to purchase the cotton carry bag but the O.P has taken extra charge of Rs. 11/- from the Complainant towards the cost of the carry bag. So it is a case of unfair trade practice as well as restrictive trade practice by the O.P resulting into unnecessary and unjustifiable financial loss to the Complainant.

                             ORDER

The case is disposed of on merit. The O.Ps are directed to provide free carry bag to all consumers, refund back the amount of Rs. 11/- which was paid towards carry bag on dtd. 25^th Nov 2023 to the Complainant, the O.Ps are also directed to pay Rs. 15,000/- towards harassment, humiliation and mental agony suffered by the Complainant as Compensation and Rs. 5,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 28^th day of May, 2024.

Free copies of this order to the parties are supplied.