Chandigarh

DF-I

CC/299/2019

Bharat Dawar - Complainant(s)

Versus

24 Seven - Opp.Party(s)

Vaneet Sharma

01 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/299/2019
Date of Institution	:	30/04/2019
Date of Decision	:	01/10/2019

 

Bharat Dawar, R/o H.No.1263, Sector 34-C, Chandigarh.

…..Complainant

 

V E R S U S

 

Twenty Four seven, SCO 324 & 325, Sector 38-D, Chandigarh – 160036, through its Manager/ Proprietor/ Auth. Signatory.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Yugansh Siwach, Vice Counsel for Sh. Sahil Dawar, Counsel for Complainant.
	:	Sh. Rohan Mittal, Counsel for Opposite Party.

 

PerSurjeet Kaur, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant selected and purchased certain eatable products/articles from the OP-Store on 18.04.2019 and took them to the billing counter for making necessary payment. At the time of payment, the Complainant saw that an amount of Rs.10/- was charged for a paper bag to carry the eatable products/articles (Annexure C-1). The Complainant resisted the charging for paper bag, but to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded that before the billing of carry bag, at the sale point, every customer/consumer is duly informed of the attendant charges and the customer has always the option of not buying the carry bag and are free to bring their own carry bags for carrying the items purchased. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Parties.
6.         The factum of providing paper bag to the Complainant, on payment of additional price, has not been disputed before us.
7.         It has been argued by the Complainant that it was nowhere mentioned in the entire Store premises that the Opposite Party would charge for a carry bag. This fact has neither been admitted nor refuted by the Opposite Party in its pleadings/version. The self-serving affidavit of Mr. Rahul Anil Khanna, Manager Legal, is not sufficient to defend the cause. At any rate, the Opposite Party has miserably failed to produce on record any cogent, convincing and reliable piece of evidence in the shape of any rules/ instructions authorizing it to levy charge additionally for the paper carry bag from the gullible Consumers.
8.         Ld. Counsel for the Opposite Party argued that the paper carry bag was given to the Complainant only upon confirmation from him with respect to the purchase of the carry bag. However, we are also not impressed with the same, in as much as if the Cashier informed the Complainant about the purchase of carry bag before billing, at the sale point, the same amounts to unfair trade practice and deficiency in service as it would have been very odd and inconvenient for Complainant to carry the new articles in hand throughout without a carry bag. Thus, charges of such things (carry bags) cannot be separately foisted upon the consumers and would amount to overcharging.
9.         It is noteworthy that in this manner, the Complainant and other gullible consumers like him has certainly been taken for a ride by the Opposite Party. Undoubtedly, the Opposite Party has several stores across the country and in the above said manner, made lot of money, thus, the act of Opposite Party by forcing the gullible consumers to pay additionally for the carry bags is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice.
10.         The sequence of the events of the present case, clearly establishes the high headedness of the Opposite Party of which the complainant became the victim and felt the burnt, as a result the complainant has been left with no alternative, except to knock the doors of this Forum, which further aggravated his pain & harassment. Thus, on this account, we deem it proper to penalize the Opposite Party for indulging in such activity, thereby causing not only loss, mental agony and physical harassment to the complainant, but also giving rise to undesirable litigation and thereby wasting the precious time of this Forum. Therefore, the Opposite Party is penalized with cost of Rs.10,000/- to be deposited in the “Consumer Legal Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C, Madhya Marg, Chandigarh in the name of Secretary, Hon’ble State Commission UT Chandigarh.
11.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.10/- wrongly charged for the paper bag;

 

(ii)    To pay Rs.1,000/- to the complainant towards compensation for harassment and mental agony. Compensation imposed on lower side as mental agony of parting with Rs.10/- could only be caused to this extent.

 

(iii)   To pay Rs.500/- as litigation expenses.      

  

   (iv)   To deposit Rs.10,000/- in the “Consumer Legal Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C, Madhya Marg, Chandigarh in the name of Secretary, Hon’ble State Commission UT Chandigarh.

 

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the amount at Sr.No. (i) to (iii) to the complainant along with interest @ 12% p.a. from the date of filing of the present Complaint, till its realization. The amount mentioned at Sr.No.(iv) be deposited in the account aforesaid, within one month from the date of receipt of its certified copy, failing which the same will carry interest @ 12% p.a. from the date of this order till its deposit. A copy of this order be also sent to the Secretary (SCDRC), U.T. Chandigarh, for necessary action.

12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
01/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”