Haryana

Ambala

CC/165/2019

Paramjeet Kaur - Complainant(s)

Versus

Big Bazar - Opp.Party(s)

H.S. Baidwan

05 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  165 of 2019.

                                                          Date of Institution         :  16.05.2019.

                                                          Date of decision   :  05.08.2019.

 

Paramjeet Kaur w/o Late Shri Balbir Singh, r/o 547, Soina Colony, Ambala City, aged about 67 years.

                                                                                       …. Complainant.                                                  Versus

Big Bazaar (Future retail Ltd.)., Minerva Complex, Plot No.180/123, Rai Market, Ambala Cantt through its Manager/Managing Director.

               ..…. Opposite Party

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.                 

                            

Present:       Shri H.S. Baidwan, Advocate, counsel for complainant.

OP ex-parte.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To refund Rs.7/-, wrongly charged for the carry bag.
2. To pay Rs.20,000/- as compensation for the mental agony and physical harassment suffered by her.
3. To pay Rs.15,000/- as litigation expenses.
   382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that the complainant is a retired School Teacher. She had purchased some household items and clothes vide Bill No.476800600005947 dated 13.04.2019 amounting Rs.3548/- from the OP. After selecting the certain articles from the OP shop, she took the same to the billing counter for making payment, the cashier handed over the said articles without putting them into a carry bag. The complainant asked him to provide the carry bag, but he refused and told her to buy the same. Therefore, she purchased the carry bag by paying Rs.7/-. It was nowhere mentioned in the entire shop/shopping mall or outside it that the customers would have to pay for carry bag. It is further stated that by printing its logo on the carry bags, the OP is advertising its brand, but the cost of the carry bag is to be paid by the consumer, which is not justified. In this manner, the OP had not only committed deficiency in service, but also indulged into unfair trade practice also. Hence, the present complaint.

2.                Upon notice, OP failed to appear in person or through its counsel on 10.07.2019 and consequently, it was proceeded against ex parte on that date by this Forum.

3.                The ld. counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 & C-2 and closed the evidence on behalf of complainant.

4.                We have heard the learned counsel for complainant and carefully gone through the case file.

5.                 Annexure C-1 is the copy of invoice, whereby, the complainant had purchased some articles for an amount of Rs.3548/- from the OP on 13.04.2019. The learned counsel for complainant has argued that the grievance of the complainant is that after billing, the OP did not provide her the carry bag to carry the articles purchased by her and told her to purchase a carry bag. Therefore, she was forced to purchase a carry bag for Rs.7/-. In this way, the OP had not only committed the deficiency in service, but also indulged into unfair trade practice also, because, nowhere in the premises, it was displayed that it will not provide carry bag and the customers are allowed to bring their own carry bag to carry the articles purchased from it. However, OP preferred not to appear before this Forum and rebut the above said version of the complainant. Thus, we have no option but to accept the version of the complainant, which is duly supported by her affidavit and other supporting documents. From the copy of invoice (Annexure C-1), it is apparent that the OP had charged Rs.7/- for the carry bag from the complainant. However, the OP has miserably failed to produce on record any cogent/convincing evidence in the shape of any rules/instructions authorizing it to levy charge additionally for the carry bag from the gullible Consumers. Thus, the act of the OP by forcing the consumers to pay additionally for the carry bag is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practices. In the case of M/s Lifestyle International Pvt. Ltd. Vs. Pankaj Chandgothia and others, 2019 (2) CLT 410 (CHD), the Hon’ble State Commission, U.T., Chandigarh has held that “A person who buys some articles/products from the shop premises like the appellant/OP is expected to be provided with free carry bag to carry those articles or he or she should be allowed to bring his or her carry bag inside the premises. OP failed to show any provisions of law/rules/regulations, which give such an authority to the appellant/OP, not to allow the customers to bring their own carry bag inside the premises of the appellant/OP. Not only above, the carry bags which are sold by the appellant/OP bear its logo on both sides and the customer, who is buying the same is in fact publicizing the brand of the appellant/OP and thereby becomes a brand ambassador. On the other hand, charging for the same paper carry bag by the appellant/OP amounted to unfair trade practise.  

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund the amount of Rs.7/- wrongly charged for the carry bag.
2. To pay Rs.1,500/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.1,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :05.08.2019.

 

 

          (Vinod Kumar Sharma)       (Ruby Sharma)                  (Neena Sandhu)

              Member                            Member                            President