Chandigarh

DF-I

CC/801/2019

Sourav Kumar - Complainant(s)

Versus

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

Daljit Singh & Sahil Dawar

20 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/801/2019
Date of Institution	:	06/08/2019
Date of Decision	:	20/02/2020

 

 

Sourav Kumar, Resident of House No.1087, Sector 15, Panchkula, Haryana.

…..Complainant

 

V E R S U S

 

 

Aditya Birla fashion & Retail Ltd., Pantaloons Division, Elante Mall, Plot No.178 & 178A, Phase-I, Industrial Area, Chandigarh (India) - 160002, 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. Devinder Kumar, Vice Counsel for Sh. Tushar Arora, Counsel for Complainant.
	:	Sh. Saurabh Gulia, Counsel for Opposite Party.

 

Per DR.S.K.SARDANA, Member

1.           Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, complainant had purchased certain items on 20.07.2019 from the         Opposite Party vide invoice Annexure C-1. The Opposite Party had charged Rs.7/- 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 the 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.
3.         Opposite Party contested the Complaint and filed reply, 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.7/-. Complainant opted for its purchase. 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 Learned Counsel for the Parties.
6.         During the course of arguments, Ld. Counsel for Opposite Party 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, have 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 to be 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.
7.         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 partly allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.7/- 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, Opposite Party shall be liable to pay the amounts at Sr.No. (i) & (ii) to the complainant along with interest @9% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii) above.

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

	Sd/-	Sd/-	Sd/-
20/02/2020	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”