DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Consumer Complaint No.311 of 16/08/2019
Decided on: 20/11/2019
Parveen D/o Sh. Sita Ram resident of House No.141, Old Housing Board Colony, Sector 19, Panchkula.
….Complainant
Versus
Pantaloons C/o Aditya Birla Fashion & Retail Ltd. Ground Floor, Omaxe Mall, Opposite Kali Mata Mandir, Patiala through its Manager.
….Opposite party
Complaint U/S 11 to 14 of the Consumer Protection Act.
QUORUM
Smt. Inderjeet Kaur, Member
Sh. B. S. Dhaliwal, Member
ARGUED BY:
Sh. D. S. Behgal Adv. counsel for the complainant.
Sh. Jaspreet Singh Adv. counsel for opposite party
ORDER
B. S. Dhaliwal, MEMBER
1. The complainant Parveen (here-in-after referred as complainant) has filed the complaint u/s 11 to 14 of the Consumer Protection Act, 1986 (here-in-after referred as Act) against Pantaloons (here-in-after referred as opposite party).
2. Briefly stated that on 22/07/2019, the complainant visited the shop of the OP located in the Omaxe Mall, Patiala for purchase of T-shirt for herself. She selected one T-Shirt for herself pricing Rs.199/- after discount and went to the cash Counter to make the payment. The cash attendant asked her if she needs the carry bag then the complainant told him that it is quite obvious that she needs the carry bag to take the T-shirt home. After paying the bill the complainant went back to her home there she noted that the cash attendant has charged Rs.5/- for the carry bag. Then the complainant immediately went back to the store and talked the attendant that they have charged for the carry bag illegally as neither there is nowhere written in the store that the complainant will be charged for the carry bag nor the attendant told him about the charging of carry bag. Moreover the carry bag was all printed with their brand name, so it was just an advertisement done by the company/OP through complainant. The Manager did not listen to genuine grievance any grief of the complainant and straight away refused to do any refund or any other cooperation.
3. It is contended that the action of the OP in charging price for the carry bag from the complainant, not only amounts to deficiency in service but the said act also amounts to unfair trade practice.
4. In the sequal of these facts the complainant has prayed for refund of Rs.5/- along with Rs.30,000/- as compensation for mental agony and unfair trade practice apart from Rs.10,000/- litigation expenses and damages.
5. Notice was issued to the OP to contest the complaint of the complainant. OP appeared through counsel and contested the complaint by filing written reply taking preliminary objections having denied all the averments, facts and allegations as stated in the complaint. It is stated that there is no cause of action arisen in favour of the complainant; the complaint is totally false, vague, frivolous; has been filed to gain wrongful gains and is not maintainable against the OP. It is stated that the charge of carry bags is in accordance with the notification and guidelines framed by “Retailers Association of India (RAI)”. Retailers Association of India is an Indian retail trade association and it represents the rights of Indian retailers. OP being a socially responsible corporate and knows its duty & responsibility that indiscriminate use of disposable plastic/ paper carry bags is a nurden on our environment and poses a substantial risk to our ecosystem. In order to contribute its bit towards sustainable development vis-a- vis environmental impact and also in-line with the guidelines issued by Ministry of Forest & Environment, Govt. Of India, Opposite party encourage its customers to bring in their own carry bags while shopping with it. There is no legal/ statutory obligation on the part of the opposite party to provide any bag (paper or cloth or any other material) to carry purchased item for free to its customers and a nominal amount is charged for the carry bag.
6. On merit the supply of carry bag and charging of Rs.5/- is admitted. It is specifically mentioned that the carry bag was given to the complainant at her instance and to her knowledge Rs.5/- were charged with her express confirmation. After denying all the other averments made in the complaint, the OP prayed for dismissal of the complaint.
7. In evidence ld. Counsel for the complainant has tendered Ex.CA affidavit of the complainant along with documents Ex.C-1 copy of bill, Ex.C-2 copy of original paper bag and closed the evidence.
8. Ld. Counsel of the OP has tendered Ex.OPA affidavit of Gaurav Kumar, Regional Legal Counsel North with Aditya Birla Fashions. OP and closed the evidence.
9. We have carefully perused the complaint, gone through the evidence produced on the file and heard the arguments addressed by the ld. Counsel for the parties.
10. At the outset, the ld. Counsel for the complainant contended that charging for a carry bag even without mentioning the same at the store is deficiency in service and an unfair trade practice; charging for a carry bag is against the interest of the consumer; the retailer can not run away from its duty to supply a carry bag free of cost to a consumer who buys goods from it against consideration paid and in the instant case it was no where mentioned in the store that the customer will be charged extra for the carry bags. It is also contended that the cash attendant had also not told the complainant of charging regarding carry bag and the complainant came to know of the charging on account of carry bag when he checked the invoice after reaching his residence. When the complainant appraoched the Manager of OP for the refund of illegal charging on account of carry bag, he straight way refused to oblige. It not only amounts to deficiency in service but also a delibrate unfair trade practice, therefore, complainant be accepted in terms of the relief prayed for.
11. The Ld. Counsel for the complainant submitted that the material facts are not in dispute and relied upon the order passed by the Hon'ble State Consumer Disputes Redressal Commission, (U.T.) Chandigarh on 18/03/2019 in the Appeal titled as M/s Lifestyle Internation Pvt. Ltd. Versus Pankaj Chandgothia and another in the Consumer Complaint No.438 of 2011 decided by District Consumer Disputes Redressal Forum I, U.T. Chandigarh on 03/01/2019 decided on 18/03/2019
12. Ld. Counsel for the OP contended that the carry bag was provided and Rs.5/- were charged with the prior consent of the complainant. It is also contended that the OP follows the guidelines and notification issued by Retailer Association of India which permits charging of carry bag.
13. It is an admitted fact that the complainant had purchased T-shirt from the OP on 22/07/2019 and Rs.5/- were charged for the carry bag and this fact is corroborated by the Invoice Ex.C-1. Ex.C-2 further establish that the carry bag is one mode of advertisement since it carries the Logo of OP, which otherwise is also construed as prominent display of advertisement through complainant. There are no rules or notification that justified that charging of extra money for carry bags. Moreover no set of guidelines or instructions issued by Retailers Association of India (R.A.I) has been brought on record as alleged in the reply. It is not only odd but also very inconvenient for the consumer to carry any item without a carry bag. Retailers are not only making neet profit on the sale of bags but also making gullible consumers pay for its brand promotions. It is an opt to mention that the “Consumer Forums” are flooded with such complaints of charging of carry bags and the issue has also been decided by “Forums” declaring this trade practice as unfair. These decisions have even upheld by State Commission (s). The retailers like Opposite party were/ are making “Mockery of Law” by charging for carry bags brazenly despite it being held an unfair trade practice, as if strict and stringent directions are awaited. Certainly, the act of ignoring the orders and putting an extra burden on gullible consumer warrants heavy penality so as to curb this unfair trade practice.
The retailers can not run away from its duty to supply the carry bags free of cost to a consumer who buys goods from it against consideration paid. The complainant cannot be expected to take away the purchased articles in hand without a carry bag from the billing counter up to him or her destination or vehicle. In this backdrop, charging for such things (Carry Bag) cannot be separately fristed upon the consumer and would amount to over charging.
14. The version of the complainant of charging of Rs.5/- on account of carry bag amounts to deficiency in service vis-a- vis unfair trade practice on the part of OP stands established.
15. Thus allowing the complaint, we direct the OP to refund the amount of Rs.5/- with another sum of Rs.3000/- as compensation inclusive of costs for causing harassment, inconvenience, mental agony including litigation expenses. OP will comply with the order within a period of 45 days from the date of receipt of the certified copy of the order.
16. The complaint could not be decided in the stipulated period due to heavy pendency of cases.
17. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter file be indexed and consigned.
PRONOUNCED
DATED: 20/11/2019
B. S. DHALIWAL INDERJEET KAUR
MEMBER MEMBER
