Orissa

Cuttak

CC/18/2024

Trupti Ranjan Mohapatra - Complainant(s)

Versus

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

A Sahu & associates

26 Apr 2024

ORDER

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

C.C.No.18/2024

 

Trupti Ranjan Mohapatra,

S/o: Dolagobinda Behera,

At:Kaligali,Near High Court,

Dist:Cuttack.                                                                    ... Complainant.

 

                                                Vrs.

1.    The Branch Manager,

   Bazar Kolkata,Dolamundai Branch,

   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:     26.04.2024

 

For the complainant:           Mr. A.Sahu,Advocate.

For the O.Ps.                :                    None.

 

Sri Sibananda Mohanty,Member.               

Case of the complainant in short is that on 1.12.2023 he purchased some articles from the O.P no.1 and the cost of such articles were Rs.254/-.  But the complainant found in the bill that the O.P no.1 has charged Rs.6/- extra towards the paper/polybag.  It is stated by the complainant that he raised objection before the O.P no.1 as to why he was charged Rs.6/- for the polybag 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 Polybag 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 on 23.12.23 he sent advocate’s notice to O.Ps no.1 & 2 for appropriate relief but both the O.Ps remained silent.  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 consumer and to return Rs.6/- 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.P which reveals that Rs.6/- has been charged towards the polybag.  But the said receipt does not reveal that the complainant had purchased those articles from the O.Ps.  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.6/-  towards the carry bag.  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, 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 26^th day of April,2024 under the seal and signature of this Commission.         

                                                                                     Sri Sibananda Mohanty

                                                                                                             Member

                                                                                        Sri Debasish Nayak

                                                                                              President