Orissa

Cuttak

CC/19/2024

Nirmalendu Mishra - Complainant(s)

Versus

Authorized Signatory,Aditya Birla Fashion & Retail Limited - Opp.Party(s)

A Sahu & associates

29 Apr 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.19/2024

 

Nirmalendu Mishra,

S/o: Bhagirathi Mishra,

Presently residing at :Narasinghpur,

Dist:Cuttack.                                                                    ... Complainant.

 

                                                Vrs.

1.    The Authorized Signatory,

Aditya Birla Fashion & Retail Limited,

Pantaloons Store, Cantonment Road,

                            Dist:Cuttack.

 

2.    The Managing Director,

    Aditya Birla Fashion & Retail Limited,

     Head Office At:Piramal Agastya Corporate Park,

    Building A,4^thFloor,Unit No.401,LBS Road,

    Kurla,Mumbai-400070.                                                     ... Opp. Parties.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri SibanandaMohanty,Member.

 

               Date of filing:     22.01.2024

Date of Order:   29.04.2024

 

For the complainant:           Mr. A.Sahu,Advocate.

For the O.Ps.                :                    None.

 

Sri SibanandaMohanty,Member

Case of the complainant in short is that on 18.09.2023 he purchased some articles amounting to Rs.2498/- from the O.P no.1.  But he found that the O.P no.1 had charged Rs.7/- for the paper bag. The complainant alleged to have protested before the O.P no.1 as regards to charging of Rs.7/- towards the paper bag butthe O.P no.1 did not satisfactorily answer to the query of the complainant. It is stated by the complainant that the cost of the said paper bag has not been mentioned in the said bag.  It is further stated by the complainant that charging of Rs.7/- for the paper bag has not been displayed by the O.Ps anywhere in their commercial store, whereas they are  bound to display the price of paper bag at every conspicuous place if at all they intend to charge for the same.  It is stated by the complainant that he had approached the Consumer Counselling Centre, Cuttack on 9.11.2023 for redressal of his grievances but no fruitful result yielded.  Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to return Rs.7/-, which was realizedby them from him towards the carry bag.  The complainant has also prayed for a direction to the O.Ps to pay him Rs.90,000/-towards compensation for his mental agony as well as Rs.15,000/- towards cost of his litigation.  The complainant has further prayed for a direction to the O.Ps not to charge additional money for paper/carry bag from the consumers.

Alongwith his complaint petition, the complainant has filed copies of some documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps have been set exparte.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No. ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

The complainant has filed money receipt granted by the O.Ps, which reveals that he was charged Rs.7/- towards the cost of the paper bag.  The law is well settled that if the product seller/product manufacturer or service provider has given prior notice to a consumer/customer about the payment of charging for the carry bag then in that case, the said consumer/customer has no case.  But in the present case, the O.Ps have not done so.  The complainant has filed photo copy of the bag which does not bear the cost of the said bag.  Moreover, the complainant has filed photo copy of the shoppingcounter/commercial store.  In the counter of the O.Ps there is no advertisement as regards to charging of cost from the customers  towards the carry bag.  The complainant was unaware about the charging of cost towards the carry bag.  Hence, it is held that the O.Ps have not displayed about charging of the cost towards the  carry bag in their commercial store but compelled the complainant to pay Rs.7/- for the same.  So the O.Ps have definitely committed deficiency in their service by charging extra amount of  Rs.7/- from the complainant towards the carry bag without notice and by doing so they have also practised unfair trade. Accordingly, this point goes in favour of the complainant. 

Point no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as made by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are strictly directed not to charge any price  further from the customers towards the carry bag without advertising for the same in the conspicuous place of their shop/commercial store including the cash counter.  The O.Ps are also directed to refund Rs.7/- to the complainant,  which they had realized unauthorisedly from the complainant with immediate effect.  The O.Ps are further directed to pay a sum of Rs.10,000/- to the complainant towards the compensation for his mental agony and harassment, so also Rs.5000/- towards the cost of his litigation.  This order is to be carried out within a period of 30 days from the date of this order.

Order pronounced in the open court on the 29^th day of April,2024 under the seal and signature of this Commission.         

Sri Sibananda Mohanty

                                                                                       Member

 

                                                                                     Sri Debasish Nayak

                                                                                              President