Haryana

Karnal

CC/255/2019

Deepak Kumar Sachdeva - Complainant(s)

Versus

Aditya Birla Fashion And Retail Limited - Opp.Party(s)

Narunder Sukhan

04 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                     Complaint No.255 of 2019

                                                         Date of instt. 08.05.2019

                                                         Date of decision:04.09.2019

 

Deepak Kumar Sachdeva son of Shri Som Nath Sachdeva resident of House no.97, Sector-14, Urban Estate, Karnal.

                                                                      

…….Complainant

                                        Versus

 

Aditya Birla Fashion and Retail Limited, Pentaloons Division, 98-99, Kunjpura Road, near Civil Hospital Chowk, Karnal through its Manager.

 

                                                                     …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

         

Before    Sh. Jaswant Singh……President. 

                Sh. Vineet Kaushik………Member

                Dr. Rekha Chaudhary……Member

 

 Present:  Shri N.K. Sukhan Advocate for complainant.

                   Opposite party exparte.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant purchased certain items from the shop of OP on 24.04.2019 amounting to Rs.2701/-and the bill of the same was paid against bill no.P204007I1900168. OP put  the above certain items in a carry bag which indicates the publicity of the shop of the OP and the OP charged Rs.7/- for the said carry bag which includes in the above amount of Rs.2701/-. The amount was paid through debit card. The charging of Rs.7/- for the cost of the carry bag amounts to deficiency in service on the part of the OP. Hence complainant filed the present complaint.

3.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order dated 12.07.2019.

4.             Complainant tendered into evidence his affidavit Ex.C1 and documents Ex.C2 to Ex.C5 and closed the evidence on 29.08.2019.

5.             We have heard the learned counsel of the complainant and have gone through the record available on the file carefully.

6.             The case of the complainant is that he purchased certain items from the shop of OP on 24.04.2019 amounting to Rs.2701/-and the bill of the same was paid against bill no.P204007I1900168. OP put  the above certain items in a carry bag which indicates the publicity of the shop of the OP and the OP charged Rs.7/- for the said carry bag which includes in the above amount of Rs.2701/-. The amount was paid through debit card. In support of his version complainant placed on file his affidavit Ex.C1 and documents Ex.C2 to Ex.C5. To rebut the evidence produce by the complainant OP did not appear and opted to be proceeded against exparte. So, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

7.             On perusal of the record, we are of the confirmed view that there is unfair trade practice on the part of the OP in compelling the complainant to purchase the carry bag worth Rs.7/-and if the OP is environmental activist, he should have given the same to the complainant free of cost. It was for gain of OP. By employing unfair trade practice, OP is minting lot of money from all customers.

8.             In view of above observations, we allow the present complaint and direct the OP to refund the amount of Rs.7/- the cost of the carry bag to the complainant. We further direct the OP to pay Rs.4000/- to the complainant towards compensation for mental and physical harassment and to pay Rs.1100/- as litigations expenses. This order shall be complied with within 30 days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated:04.09.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member