Orissa

Cuttak

CC/22/2024

Abit Sahu - Complainant(s)

Versus

Branch Manager,Baazar Kolkata - Opp.Party(s)

A Mohanty & associates

02 May 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.22/2024

 

Abit Sahu,

S/o:Duryodhan Sahu,

Presently residing At:Tarini Bihar Lane-1,

Bidanasi,Dist:Cuttack.                                              ... Complainant.

 

                                                Vrs.

1.    The Branch Manager,

   Bazar Kolkata,At:CDA,Sector-7,

    Bidanasi Project Area,Dist:Cuttack.

 

2.    The Managing Director,

    Bazar Kolkata, Corporate Office:11^th Floor,

           PS:Srijan Corporate Park,Near RDB Cinema,

           GP Block-V,Bidhannagar,Kolkata,

           West Bengal.                                                                ... Opp. Parties.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

             Date of filing:     22.01.2024

Date of Order:   02.05.2024

 

For the complainant:           Mr. Abhijit Mohanty,Adv. & Associates.

For the O.Ps.                :                    None.

 

Sri Sibananda Mohanty,Member.               

Case of the complainant in short is that on 23.09.2023 he had purchased two pieces of hand towels from the O.P no.1 and the cost of such towels were Rs.99/-.  But the complainant found in the bill that the O.P no.1 has charged Rs.5/- extra towards the paper/poly bag.  It is stated by the complainant that he raised objection before the O.P no.1 as to why he was charged Rs.5/- for the polybag, which is an unfair trade practice but the O.P no.1 did give him satisfactory answer.  It is further stated by the complainant that the cost of the said bag has not been mentioned anywhere in the

commercial store and urged that the commercial store should have displayed the price of Poly bag at every conspicuous place within the store and in front of every billing counter but the O.P no.1 has not done so.  It is stated by the complainant that being harassed on 09.11.2023 he approached Consumer Counseling Centre for appropriate relief but of no avail.  Hence, he has filed the present case with a prayer for a direction to the O.Ps not to charge additional money for paper carry bag from the general consumers and to return Rs.5/- which they have recovered from him towards the carry bag.  The complainant has also prayed for compensation amount of Rs.90,000/- from the O.Ps as they have caused his mental agony and harassment as well as a sum of Rs.15,000/- towards cost of his litigation.

Alongwith his complaint petition, the complainant has filed copies of some documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps have been set exparte.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

 

 

Point No. i.

The complainant has filed money receipt granted by the O.Ps which reveals that Rs.5/- has been charged towards the polybag.  But the said receipt does not reveal that infact the complainant had purchased those articles from the O.Ps as customer is someone else in that receipt.  The complainant has not produced any evidence to the effect that he had purchased the articles from the O.Ps as well as the O.Ps had charged Rs.5/-  towards the carry bag from him.  As such, the complainant failed to prove that he is a “consumer” under the Consumer Protection Act,2019.  Hence, the case of the complaint is not maintainable.

Point no.ii & iii.

From the discussions as made above, as it is held that when the complaint case is not maintainable, further discussion on the other issues is unnecessary.  Hence, it is so ordered;

                                                          ORDER

The case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 2^nd day of May,2024 under the seal and signature of this Commission.         

                                                                                     Sri Sibananda Mohanty

                                                                                               Member

                                                                                        Sri Debasish Nayak

                                                                                              President