Orissa

Jagatsinghapur

CC/134/2023

Tofan Kumar Sahoo - Complainant(s)

Versus

B.M, Shree Lethers - Opp.Party(s)

In Person

15 Dec 2023

ORDER

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                               JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking refund of Rs.6/- with 18% interest and cost of mental agony of Rs.50,000/-.

            Brief fact of complainant is that opposite parties claimed Rs.6/- towards carry bag to take the product from show room to his vehicle parked outside the shop and bill of Rs.6/- has also been issued by opposite parties.

            The opposite parties also appeared and filed their objection stating therein that after imposition of ban on poly bags the opposite parties have stopped giving free bags to the customer and taking carry bag is optional and there is no logo in the carry bag.

            There is no averment by complainant that it is mandatory on the part of any business establishment to give free carry bag and charging Rs.6/- for selling carry bag without logo cannot be said to be any deficiency on service or unfair trade practice.

            The complainant has also claimed Rs.50,000/- towards mental agony but there is no material on record to know the nature of suffering for which complainant is entitled to get Rs.50,000/-. While deciding a case we have to see the balance of convince and there is no averment as to how complainant is entitled to get compensation of Rs.50,000/- towards mental agony for Rs.6/- only and that too when it is optional to purchase the carry bag.

            Thus we find no merit in the consumer complaint and accordingly the consumer complaint is dismissed. No cost.

            Pronounced in the open Commission on this 15^th Dec.,2023.