DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 86 of 2020.

 

Miss. Asmita Banik,

D/O. Shri Pranjit Kumar Banik,

R/O. Trinnath, AMC Ward No.9, 

Khayerpur, Agartala,

P.O.-Khayerpur, Pin-799008,

P.S.-Bodhjungnagar, 

Dist.-West Tripura ….........................................................................Complainant.

 

 

-VERSUS-

 

 

“BAG BAZAR”,

Prop. New Shome Lal Traders,

Hawkers Corner Road, Agartala,

P.O.Agartala, P.S.-West Agartala.  

Dist.-West Tripura, Pin-799001....................................................... Opposite party.

 

 

     __________PRESENT__________

 

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

 

DR  (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Smt. Asmita Banik.

Advocate. 

 

For the O.P.  : Sri Tarun De Sarkar,

  Advocate.  

 

JUDGMENT  DELIVERED  ON :   08/ 09/2021.

J U D G M E N T

          The Complainant Miss Asmita Banik, set the law in motion by presenting a petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.P.

The Complainant's case, in brief, is that the Complainant purchased some goods i.e. hair clips, sandle, scurf, wind chime & sinary which was bearing Invoice No.00431 & another Invoice No.14811 from “BAG BAZAR” Shopping Mall, Hawkers Corner Road, Agartala on 28/02/2020. Thereafter she went to the bill counter for payment and the staff of the bill counter took carry bag from their own for the purpose of packing of those purchased articles. But surprisingly the staff of the cash counter told her to pay extra Rs.5/- for a plastic synthetic carry bag in which there was advertisement of “Bag Bazar”. Thereafter, she made contact with the “Bag Bazar” authority to provide carry bag free of cost, for the purchased goods /articles from their shop.  But no response as a result she had to suffer mental pressure, agony and faced harassment infront of the other customers which was unbearable to her. 

So, being aggrieved and dissatisfied by the conduct of the O.P.,  the Complainant alleging deficiency of service has filed the instant complaint before this Commission for deficiency of service and  compensation for causing harassment, negligence, mental agony.

 

2. On the other hand O.P. contested the case by filling written statement. 

In the written statement the O.P. submitted para-wise reply to the complaint in seriatim. Mostly, O.P. denied and disputed the averments made in the complaint.           

In the written statement it is stated that the complaint is not maintainable in facts as well as in law and it is liable to be dismissed. It is also stated that there is no consumer dispute. So, complaint is not maintainable in law. 

EVIDENCE ADDUCED BY THE PARTIES:-

 

3. The Complainant examined herself as PW-I and submitted her examination in chief by way of affidavit. She has produced 03 documents comprising 3 sheets under  Firisti dated 12/02/2021 & 24/11/2020. The documents on identification have been marked as Exhibit – 1 Series and M.O.-1. The Complainant was not cross examined by the O.P. side as it is a summary trial.   

      On behalf of the O.P. examination-in-chief on affidavit of three witnesses namely DW-1, Sri Prasenjit Saha, S/O. Narayan Saha, working for Manager, Bag Bazaar, Agartala, P.S.-West Agartala, Dist.-West Tripura. D.W.-2, Smt. Ranjita Singha, D/O. Lt. Nagendra Kumar Singha, of Krishnanagar, Lake Chowmuhani Pragati Road, P.S. West Agartala of working for Reputed Business Concern, Bag Bazaar, Agartala  & D.W.-3, Sri Goutam Harijan, S/O. Lt. Ganesh Harijan of Kalikapoor, P.S.-West Agartala, Dist.-West Tripura of working for Reputed Business Concern, Bag Bazaar, Agartala have been produced 3 documents comprising 2 sheets & 7 bags under a Firisti dated 12/02/2021. On identification the documents are marked as Exhibit-A series.    

 

4.    POINTS TO BE DETERMINED:-

  On perusal of the pleadings of both parties and having regard to the evidence adduced by the parties, the following points are to be determined:

        (i). Whether there is deficiency of service on the part of the O.P. towards the Complainant?

   (ii). Whether the complainant is entitled to get any compensation/ relief as prayed for?    

 

5.          ARGUMENTS OF BOTH SIDES :-        

          Both sides submitted their written arguments.

     Complainant in her written argument submitted that she has submitted the invoice by which Rs.5/- was charged for a Plastic Synthetic carry bag and on the carry bag it was clearly written the Brand name of “Bag Bazaar”. Charging of extra rupees for providing a bag for carrying purchased goods is totally illegal and she has been able to prove her case by way of adducing of her examination-in-chief on affidavit as well as M.O.-I and Exhibit-I series. 

              Complainant further stated that Exhibit M.O.-2 series which are submitted by the O.P. has no connection with this complaint. She further submitted that oral evidence adduced by the DW-1, 2, & 3 are not conducive to rebut her evidence. 

               Learned Counsel of the O.P. submitted that Bag Bazaar is dealing in varieties of bags and they are selling bags of different prices from Rs.5/- to Rs.125/- in almost 19 categories. Learned Counsel further submitted that the staff of the Bag Bazaar never charged Rs.5/- for carry bag which was alleged or raised by the Complainant in her complaint. 

               Learned Counsel of the O.P. submitted that the evidence of  DW-1,2 & 3 as well as the M.O.-2 series are in favour of the O.P. and Complainant has failed to prove any deficiency of service on the part of the O.P. and it is liable to be dismissed. 

                

6.     DECISION AND REASONS FOR DECISION:                                     

        Both the points are taken up together for the convenience.

         We have gone through the pleadings of both the parties as well as evidences. 

        From the exhibited documents adduced from the side of the Complainant, we found that the O.P. charged Rs.5/- for a carry bag which was supplied for carrying the purchased goods vide invoice No.00431 issued by the Bag Bazaar Mall. Exhibit M.O.-I clearly speaks that the carry bag bears the Brand name of “BAG BAZAAR” which is an advertisement of the Bag Bazaar shopping mall.    

          The evidence adduced by the O.P. failed to rebut the evidence of the Complainant. In our considered view that the Complainant has been able to prove her case by adducing sufficient evidence. 

         There is a decision of the Hon'ble State Commission passed in case No.A-1 of 2020 (Big Bazaar Vs. Monojit Saha). The Hon'ble State Commission upheld the judgment passed by this Commission in a similar case where Rs.10/- was charged for a paper carry bag by the Big Bazaar shopping mall. Relying upon the above judgment we are in the opinion that the O.P. is guilty of committing deficiency in service by charging extra amount for a carry bag and it also amounts to unfair trade practice. 

 

7.            So, we hold that the Complainant has been able to prove her case U/S. 12 of the Consumer Protection Act, 1986. Accordingly, we give a direction to the O.P. to refund the amount of Rs.5/- which was charged for a carry bag and also Rs.5,000/- as a compensation and Rs.3,000/- as a cost of litigation i.e. in total of Rs.8,005/-(Rs.5,000/- + Rs.3,000/- + Rs.5/-). 

              The O.P. is directed to make the payment within 1 month from the date of judgment, if the payment is not made within 1 month then it will carry interest @ 9% per annum till the payment is made in full.        

Supply a certified copy of the judgment to both the parties free of cost. 

 

    Announced.

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

  DR  (SMT)  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA

 

 

SRI SAMIR  GUPTA

 MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION,

     WEST TRIPURA, AGARTALA