This is a case u/s. 12 of the Consumer Protection Act, 1986 filed by the complainant against the O.P named above.
The case of the complainant, in a nutshell, is that the complainant purchased some readymade garments in cash from the O.P shop on 06/06/2019 amounting to Rs. 1528/- only for which a Tax Invoice was generated by the O.P. It has been noticed by the complainant that a sum of Rs. was deducted towards charged for one jute bag for carrying the purchase article by the complainant. It has been also noticed by the complainant that the said jute bag bearing the advertisement of shop of the O.P.
The further case of the complainant is that the complainant had no intention to purchase the said jute bag and it was the duty of the O.P to provide the carry bag free of cost but the O.P force the complainant to pay the price of the same which was used as advertisement of the shop of the O.P at the cost of the complainant for the purpose of gain by the O.P. The O.P used to collect Rs. 5/- for each bag from every customer which is tantamount to unfair trade practice as it is the duty of the seller to provide carry bag for sold articles/goods to the customer and in this way the O.P collected money from the customers illegally.
Contd. P/2
Hence, this case filed by the complainant against the O.P shop with a prayer to direct the O.P to stop unfair trade practice and the complainant also prayed to direct the O.P to pay Rs. 5/- which was wrongly charged for the jute carry bag from the complainant and the complainant also prayed for to direct the O.P to pay Rs. 20,000/- as compensation for mental agony and sufferings as well as cost of litigation.
The instant case though the O.P has appeared before this Forum by filing written version but later on he did not turn up before this Forum to contest the case nor he has filed any evidence-on-affidavit or written argument. As such the case has been proceeded ex-parte against the O.P.
The complainant has filed evidence-on-affidavit as well as written argument in support of this case.
We have heard argument from the complainant. We also perused the documents filed by the complainant. We also perused the judgment passed by the Hon’ble District Consumer Disputes Redressal Forum, U.T. Chandigarh being Case No. CC/64/2019 filed by the complainant in support of this case.
Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all these points are taken up together for consideration for the sake of brevity and convenience.
The case has been filed u/s. 12 of Consumer Protection Act, 1986. With a complaint that the complainant owing to purchase some dress materials from the shop of O.P and after purchased a sum of Rs. 5/- was charged for carry bag. The complainant at first raised objection but ultimately he was forced to purchase the said carry bag which is annexed with this complaint and that carry bag is printed in the name of the O.P shop for advertisement and it is the allegation that after taking amount for the carry bag advertisement can not be done. The O.P at first turn up and filed the written version wherein in paragraph-11 he has admitted that as he purchased the paper bag for which he has charged the amount from the customer according to the provision of law. It is an unfair trade practice at punitive damages prayed by the complainant. So it is a fit case according to the provision of Consumer Protection Act, 1986 and this case is well maintainable.
Contd. P/3
In this case the complainant is produced the voucher from which appears that Rs. 5/- was charged for jute carry bag in the Tax Invoices. The O.P has admitted in his written version regarding the payment of carry bag. It also appears that in annexure-3 the jute bag which the complainant was purchased is printed in the name of the O.P along with several advertisements. The complainant has adduced evidence from which it appears that he raised objection at the time of making payment for carry bag but the O.P did not hear his objection and the complainant was compelled to make payment of Rs. 5/- for the carry bag. The O.P neither adduced any evidence and nor to contest the case. It is a settle principle of law that if the payment is made for any carry bag the company should not make any advertisement in the said carry bag for his shop. The complainant is not the advertisement agent of the O.P and this practice is totally unfair trade practice on the part of the O.P. The O.P can not force any customer to make payment of carry bag which is the mode of advertisement of his shop. So the O.P is liable to return of the said amount of carry bag along with the compensation as well as the litigation cost.
In the light of the above observation we are of the view that the present complainant deserve to succeed against the O.P. The O.P is duty bound to return of the said amount. The case is allowed ex-parte.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
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that the instant case be and the same is allowed ex-parte with costs against the O.P. The O.P is directed to refund the complainant of Rs. 5/- which was wrongly charged for the jute carry bag. He is also directed to pay compensation Rs. 3,000/- for mental and physical harassment of the complainant and also to pay Rs. 1,000/- as litigation costs. Where of punitive damage the O.P is hereby directed to deposit Rs. 2,000/- to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar. The O.Ps are hereby directed to pay the total decreetal amount of Rs. 4,005/- to the complainant within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
The O.P is hereby directed to provide free carry bag to all the customers who purchases from it’s shop and stop the unfair practices that is to charge for carry bag. Assistant Director of Consumer Affairs Department, Alipurduar is hereby requested to aware all the businessmen of this district not to charge any amount for providing carry bag to their customers. Copy of this order sent to the Assistant Director of Consumer Affairs Department, Alipurduar.
Contd. P/4
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
