Chandigarh

DF-I

CC/787/2019

Deepak Kumar - Complainant(s)

Versus

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

Daljit Singh, Sahil Dawar, Tushar Arora

20 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/787/2019
Date of Institution	:	01/08/2019
Date of Decision	:	20/11/2019

 

Deepak Kumar, Shop No. 72, Sector 34-C, Chandigarh.

 

…..Complainant

 

V E R S U S

 

 

Aditya Birla Fashion & Retail Limited, Pantaloons Division, Elante Mall, Plot No. 178 & 178A, Phase-I, Industrial Area, Chandigarh (India), 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. Sahil Dawar, Counsel for Complainant.
	:	Sh. Saurabh Gulia, Counsel for OP. [OP already ex-parte]

 

Per Surjeet Kaur, Member

1.           Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, complainant had purchased certain items on 27.07.2019 from the Opposite Party against consideration of Rs.249/-. The Opposite Party had charged Rs.5/- for carry bag though the complainant did not intend to purchase it. As such, alleging that there has been unfair trade practice on the part of Opposite Party as the carry bag was never intended to purchase by complainant. Hence, prayed for compensation with costs of litigation.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 23.10.2019.
3.         After being proceeded ex-parte, Sh. Saurabh Gulia, Advocate, puts in appearance on behalf of Opposite Party and he was allowed to join in subsequent proceedings. 
4.         On behalf of Opposite Party an affidavit of Sh. Gaurav Kumar, Regional Legal Counsel North has been filed, inter alia, admitting the basic facts of the case. It has been pleaded that on the consent of Complainant, carry bag was sold to him for Rs.5/-. Complainant opted for its purchase. In the end, it has been pleaded that there is no deficiency in service or unfair trade practice on the part of Opposite Party.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Learned Counsel for the Parties.
7.         During the course of arguments, Ld. Counsel for Opposite Party has fairly conceded that the Opposite Party on learning through newspapers that charging of carry bags with its logo/name on it, has been held to be unfair trade practice by this Forum in CC/438/2018 – “Pankaj Chandgothia Vs. Life Style International Pvt. Ltd.” decided on 03.01.2019 and CC/64/2019 – “Dinesh Parshad Raturi Vs. Bata India Ltd.” decided on 09.04.2019, has stopped charging for the carry bags. Although the purchase of the Complainant was subsequent to the aforesaid decisions, yet the making of such a statement in itself shows that Opposite Party has remorse and repentant on its mistake and amount of carry bag charged under mistaken belief. We feel that if somebody learnt a lesson then a lenient view is taken qua that person. Thus, on this account, taking a lenient view, we deem it proper not to impose any punitive costs on the Opposite Party.
8.         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.5/- wrongly charged for the paper carry bag;

(ii)    To pay Rs.500/- to the complainant towards compensation for harassment and mental agony.  Compensation imposed on lower side as mental agony of parting with Rs.5/- could only be caused to this extent.

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

                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 amounts at Sr.No. (i) & (ii) to the complainant along with interest @7% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii) above.

 

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

	Sd/-	Sd/-	Sd/-
20/11/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”