DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 46 of 2019

 

Shri Manojit Saha,

S/O. Shri Tapan Saha, 

Resident of House No.02/243,

Vill.-Vivekananda Palli, 

P.O.-Amarpur, P.S.-Birganj, 

Dist.-Gomati Tripura, Pin-799101…..................…............Complainant.

 

 

 

-VERSUS-

 

 

 

Big Bazaar, 

Ground Floor, 1st and 2nd floor, 

Below;- Rupasi Cinema Hall, 

Mantri Bari Road, Agartala,

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

 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

 

C O U N S E L

 

 

For the Complainant : In person. 

  

For the O.P. : None appeared. 

 

 

JUDGMENT  DELIVERED  ON: 25/09/2019

 

J U D G M E N T

1. Being aggrieved and dissatisfied by the act of the O.P., Big Bazar, Agartala. the Complainant Shri Manojit Saha filed a complaint U/S 12 of the Consumer Protection Act, 1986 against the O.P. Big Bazar.

The Complainant's case,  in short, is that the Complainant on 16/06/2019 (Sunday)  visited the Big Bazar, Agartala and purchased a Jeans pant for a consideration of Rs.499.50/- with a discount of 50% from the original price. He was also made to purchase one paper bag for a consideration of Rs.10/-. The Complainant noticed that nowhere in the bag MRP of Rs.10/- was mentioned. The Big Bazar used that bag as a medium of advertisement by way of having printed a caption on that bag “FBB”  which according to the Complainant attracts unfair trade practice and also deficiency of service on the part of the O.P. Big Bazar. The Complainant in his complaint asserted that the O.P. was supposed to supply a bag free of cost to its customers so as to enable the customers to carry the item purchased from their shop. 

Alleging deficiency of service and unfair trade practice the Complainant claimed Rs.70,000/- as compensation etc. and Rs.10/- being the price of the paper bag, from the O.P. Big Bazar.

  Hence this case. 

3. Notice was served upon the O.P., Big Bazar but the O.P. did not appear to contest the case. So the case proceeded exparte against the O.P. by an order dated 16/08/2019.

 

4. The Complainant filed Affidavit-in-Chief on 24/06/2019 and also 03(three) documents viz two Nos. Memo No.0002652 and 0002653 dated 16/06/2019, One paper Bag of the O.P. Big Bazar &  Payment receipt / customer copy dated 16/06/2019 in support of his case. He had filed those documents along with the complaint dated 24/06/2019. These documents were marked as Exhibit-I series.  

Complainant produced the Statement on Affidavit-in-Chief and he admitted what was stated by him in his complaint, hence it is not necessary to repeat the same. The Complainant in his Examination-in-chief has prayed for returned of Rs.10/- being the cost of paper bag and compensation amount of Rs.70,000/- for harassment and mental agony including litigation costs due to the unfair trade practice and deficiency of service of the O.P. 

We have gone through the evidence on record and the documents field by the Complainant. We have also heard arguments from the Complainant.

    After going through the paper bag which has been annexed with the Consumer complaint we find that on the surface of the bag advertisement of Big Bazar as “FBB” has been mentioned. By doing so the O.P. according to us has utilized the Complainant - Consumer as their advertisement agent on the price of the bag having been paid by the Complainant himself.

Based on the above evidence we record firm finding that there is unfair trade practice on the part of the O.P.  The O.P. by adopting such unfair trade practice is minting a lot of money from the customers.                 

 

7.     In view of discussion made above we find and hold that the Complainant has succeeded in establishing his case U/S 12 of the Consumer Protection Act,1986. We find the O.P. Big Bazar guilty of committing unfair trade practice. 

Accordingly we order the O.P. to refund Rs.10/- being the price of the paper bag and also to pay Rs.10,000/- as compensation for  unfair trade practices adopted by him and also Rs.5,000/-  as cost of litigation. The Complainant is accordingly entitled to get Rs.15,010/- (Rs.10/- + Rs.10,000/- + Rs.5,000/-). The payment is to be made within 2 months from the date of judgment, if not, it will carry interest @ 9% per annum till the payment is made in full. 

 

  

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA