DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

                                    Consumer Complaint No.1863 of 2019

                                                Date of institution:  26.09.2019                                              Date of decision   :  21.06.2021

Dinesh Vohra aged 44 years son of Shri Vimal Vohra, resident of House No.3308, Sector 21-D, Chandigarh- 160022.

…….Complainant

Versus

Big Bazar, Future Retail Ltd. through its authorized person Paras Down Town Square Mall, Panchkula Crossing, NH 28, Delhi Ambala Highway, Zirakpur, Punjab -140603.

                                                      ……..Opposite Party

           Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Shri Inderjit, Member

Present:    None for the complainant.

                Shri Kulwinder Singh counsel for the OP.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President

Order

                The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short) on the ground that the OP is running a ‘retail outlet’ in order to sell various goods. It is averred that the CC had purchased some goods from the OP vide transaction No. Nil dated Nil amounting to Rs.992.73 and the bill was duly issued by the OP.  It is averred that the CC purchased 8 items on 07.07.2019, but did not have any bag to carry those articles and was asked to pay Rs.10/- for the carry bag by the OP in addition to the price of the products purchased by him. 

                Thus, alleging deficiency in service on the part of the OP, the CC has sought refund of Rs.10/- which was charged by the OP for the carry bag.  The CC has also sought Rs.50,000/- as compensation for mental harassment and Rs.11,000/- as litigation cost. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             In reply the OP has raised number of objections. It is alleged that the CC has concealed material facts and the complaint merits dismissal. It is further averred that in order to follow environmental responsible policy and encouraging the customers to carry their own bags, a notice was provided to the CC by way of advertisement and posters,  displayed at prominent locations of the store that every customer will have to pay Rs.10/- for carry bag in addition to the bill. It is alleged that such policy is designed for the customers to carry their own bags etc. It is further averred that the price of the carry bag was added in the invoice only after the CC had been specifically asked, whether he wants to purchase a carry bag on payment of Rs.10/- or not. It is further averred that the OP is not selling carry bags commercially and is only reimbursing itself for a part of the price incurred by it. It is denied that the CC had raised the grievance with the OP at the time of purchasing the articles.  Thus denying any deficiency in service on its part, the OP has prayed for the dismissal of the complaint.

3.             The CC in support of his complaint submitted his affidavit Ex.CW-1/1 and photocopy of the bill Ex.C-1 and thereafter closed his evidence. On the other hand OP submitted affidavit of Jatinder Sharma, Senior Executive.

4.             After perusing the complaint and the version filed by the OP, it is proved on the file that the OP had charged an amount of Rs.10/- for carry bag in which the CC was to carry the articles purchased by him by spending an amount of Rs.992.73 on 07.07.2019. The OP has admitted charging of Rs.10/- from the CC for the carry bag.

5.             Now the paramount question for consideration before us is whether the OP had the right to charge Rs.10/- extra for the carry bag in addition to the purchases done by the CC or not.  It is very surprising that if someone purchases an item from the store of the OP, how it is possible that without any carry bag one could carry the articles to his or her home by holding the same in his or her hands. We feel, that these companies have opened such huge stores but are not even providing carry bags free of cost for carrying articles purchased by the customers.  We feel, that the carry bag is definitely a part and parcel of the sale and the OP had no legal or moral right of charging extra amount for the carry bag in addition to the price of articles. We feel, that this is definitely a malpractice adopted by such traders.

6.             It is pertinent to mention here that the Hon’ble National Commission had already directed this particular OP to discontinue the unfair trade practice of arbitrarily imposing additional cost of carry bags on the customers at the time of making purchases. It is pertinent to mention here that in the reply filed by the OP, instead of apologizing to the CC or showing any regret, the OP has tried to justify its wrong and illegal act. The question is whether these types of stores have any right to charge cost of carry bags at the time of making purchases or not.

7.             The intention of the Law Makers is clear from the preamble of the Consumer Protection Act, which is passed with a view to provide better protection to the consumers in India. Better protection in the sense means that what the consumer through the legislation could not achieve or failed to achieve in this regard, has to be achieved by this Act. Moreover, the present legislature is a benevolent legislature enacted to stop all kinds of malpractices prevailing in the society and in the business. We feel, that this is definitely a malpractice on the part of the OP who has only tried to justify its act.

8.             In view of our above discussion, the present complaint is allowed. Accordingly, it is ordered that the OP will refund Rs.10/- to the CC within 30 days from the date of receipt of free certified copy of this order alongwith consolidated amount of compensation for harassment and litigation cost to the CC to the tune of Rs.1,000/- (Rs. One Thousand only). Further we are imposing punitive/exemplary cost to the tune of Rs.20,000/-  (Rs. Twenty Thousand only) on the OP in order to refrain the OP from committing this act again. This amount of punitive/exemplary cost will go to the Legal Aid Account of this
Commission.    Compliance of the aforesaid order be made by the OPs within 30 days from the date of receipt of certified copy of order. Free certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 21, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

(Inderjit)

Member