DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Consumer Complaint No.194 of 03/06/2019

Decided on: 07/11/2019

Tanminder Kaur W/o Parminder Singh, R/o 8288/5, Upkar Nagar, Factory Area, Patiala.

                                                                             ….Complainant

Versus

Big Bazar C/0 Future Retail Ltd., Basement Floor, Omaxe Mall, Opposite Kali Devi Mandir, Patiala through its Manager.

                                                                                          ….Opposite party

Complaint U/S 11 to 14 of the Consumer Protection Act.

QUORUM

                                        Smt. Inderjeet Kaur, Member

                                        Sh. B. S. Dhaliwal, Member

ARGUED BY:

                              Sh. Sukhjinder Singh Adv. counsel for the complainant.

                              Sh. Amanpreet Singh Bawa Adv. counsel for opposite party

ORDER

                    B. S. Dhaliwal, MEMBER

1. The complainant Tanminder Kaur (here-in-after referred as complainant) has filed the complaint u/s 11 to 14 of the Consumer Protection Act, 1986 (here-in-after referred as Act) against Big Bazar (here-in-after referred as opposite party).

2. Briefly stated that the case of the complainant is that the complainant is regular and frequent customer of OP. On 24/04/2019, the complainant purchased some grocery for around Rs.300/- and when she went to the cash counter the cash attendant asked her if she needs the carry bag. The complainant then told that its quite obvious that she needs a carry bag to put all the stuff in it. After paying the bill the complainant went back to her home and she noted that the cash attendant has charged Rs.7/- for carry bag. The complainant immediately went back to the store and talked to the manager that they have charged for the carry bag illegally as there is nowhere written in the store that the complainant will be charged for the carry bag neither the cash attendant told her about the charging for the carry bag. Moreover, the carry bag was all printed with their brand name so it was just an advertisement done by their company. Manager did not listen to any grief of the complainant and straight away refused to do any refund or to render any other cooperation. The complainant has alleged that OP as such has indulged in unfair trade practice and caused harassment and suffering from mental pain and agony.

3. In the backdrop of these facts, the complainant has prayed for:-

i) To pay the compensation to the tuner of Rs.50,000/- to the complainant on account of deficiency in services and unfair trade practices.

ii) To pay Rs.15000/- as the costs of litigation to the complainant.

iii) To pay Rs.15000/- on account of mental harassment, agony and tension.

iv) To pay Rs.15000/- on account of punitive damages.

v) To refund Rs.7/- charged for carry bag.

4. Notice was issued to the OP to contest the claim of the complainant. OP despite service failed to put appearance, Hence proceeded against ex-parte.

5. Complainant was aforded opportunity to produce his evidence.

6. In support of the case, ld. Counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant along with document Ex.C-1 copy of bill and closed the evidence.

7. We have carefully perused the complaint, gone through the evidence produced on the file and heard the arguments addressed by the ld. Counsel for the complainant.

8. At the outset, the ld. Counsel contended that charging for a carry bag even without mentioning the same at the store is deficiency in service and an unfair trade practice; charging for a carry bag is against the interest of the consumer; the retailer can not run away from its duty to supply a carry bag free of cost to a consumer who buys goods from it against consideration paid and in the instant case it was no where mentioned in the store that the customer will be charged extra for the carry bags. It is also contended that the cash attendant had also not told the complainant of charging regarding carry bag and the complainant came to know of the charging on account of carry bag when she checked the invoice after reaching her residence. When the complainant appraoched the Manager of OP for the refund of illegal charging on account of carry bag, he straight way refused to oblige. It not only amounts to deficiency in service but also a delibrate unfair trade practice, therefore, complainant be accepted in terms of the relief prayed for.

9. It is an admitted fact that the complainant had purchased some items from the OP on 24/4/2019 and Rs.7/- were charged for the carry bag and this fact is corrobrated by the Invoice Ex.C-1. There are no rules or notification that justified that charging of extra money for carry bags. It is not only odd but also very inconvenient for the consumer to carry food item(s) or articles without a carry bag when purchased in good number or in bulk. Retailers are not only making neet profit on the sale of bags but also making gullible consumers pay for its brand promotions. It is an opt to mention that the “Consumer Forums” are flooded with such complaints of charging of carry bags and the issue has also been decided by “Forums” declaring this trade practice as unfair. These decisions have even upheld by State Commission (s). The retailers like Big Bazar were/ are making “Mockery of Law” by charging for carry bags brazenly despite it being held an unfair trade practice, as if strict and stringent directions are awaited. Certainly, the act of ignoring the orders and putting an extra burden on gullible consumer; warrants heavy penality so as to curb this unfair trade pratice.

The retailers can not run away from its duty to supply the carry bags free of cost to a consumer who buys goods from it against consideration paid. The complainant cannot be expected to take away the purchased articles in hand without a carry bag from the billing counter up to him or her destination or vehicle. In this backdrop, charges for such things (Carry Bag) cannot be separately fristed upon the consumer and would amount to over charging.

10. The version of the complainant of charging of Rs.7/- on account of carry bag remained unrebutted and unchallenged and there is no reason to disbelieve it. Deficiency in service vis-a- vis unfair trade practice on the part of OP stands established.

11. Thus allowing the complaint, we direct the OP to refund the amount of Rs.7/- with another sum of Rs.2000/- as compensation inclusive of costs for causing harassment, inconvenience, mental agony including litigation expenses. We also burdened the OP with other sum of Rs.3000/- as a punitive measures to deposit it in “Consumer Legal Aid Account” maintained in this “Forum”. OP will comply with the order within a period of 45 days from the date of receipt of the certified copy of the order.

12. The complaint could not be decided in the stipulated period due to heavy pendency of cases.

13. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter file be indexed and consigned.

PRONOUNCED

DATED: 07/11/2019

                                                     B. S. DHALIWAL                              I NDERJEET KAUR

                                                             MEMBER                                         MEMBER