Orissa

Cuttak

CC/253/2022

Swati Rekha Khatua - Complainant(s)

Versus

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

self

09 Jun 2023

ORDER

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

C.C.No.253/2022

         Swati Rekha Khatua,

         W/O:Binay Kumar Khatua,

        At:Bidyadhar Lane & Complex,

         Samanta Sahi,P.S:Purighat,P.O:Buxi Bazar,

         Dist:Cuttack-753001.                                                     ... Complainant.

 

          Vrs.                        

 

1.      The Branch Manager,

Bazar Kolkata,KedarBhawan,Dolamundai,

                 PS-Badambadi,Dist-Cuttack-753001

 

2.      The Managing Director, 

Bazar Kolkata, Head Office:11^thFloor,P.S:Srijan

Corporate Park, near RDB Cinema,G.P.Block,

                  Sector-V,Bidhannagar,Kolkata

West Bengal-70009.                                                          ...Opp. Parties.

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    13.12.2022

Date of Order:  09.06.2023

 

For the complainant:            Self.

For the O.Ps :                         None.

 

Sri Debasish Nayak,President.

 

          Case of the complainant as made out from the complaint petition in short is that she had visited the shop of the O.Ps on 5.11.2022 and had purchased “shorts” worth of Rs.299/- but she had to pay Rs.304/- and was made to understand that Rs.5/- was charged extra towards the carry bag.  The said Rs.5/- extra was not mentioned in the bill nor there was any notification to that effect in or around the shop.  The complainant however had managed to collect the bill for the said carry bag to the tune of Rs.5/-  from the O.P shop and had filed this case alleging deficiency in service and practice of unfair trade by the O.P of this case.  She has prayed for compensation of Rs.70,000/- from the O.Ps alongwith a sum of Rs.30,000/- towards her mental harassment and further a sum of Rs.20,000/- towards her litigation expenses.

          Alongwith her complaint petition, the complainant has annexed copies of the two bills regarding her purchase of “shorts” and the bill of the O.P shop charging Rs.5/- from her towards the carry bag.

2.       Having not contested this case, the O.Ps have been set exparte vide order dt.6.2.2023.

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.ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

          The complainant had purchased “shorts” worth of Rs.299/- on 5.11.2022 from the O.Ps shop but she had to pay Rs.304/- for the same  and she was made to understand that Rs.5/- was charged towards the carry bag for the purchased “shorts”.    As per the complainant, though she had managed to get the bill from the O.Ps for the extra charge of Rs.5/- towards the carry bag but the O.Ps had not mentioned the same in the bill  of the “shorts” nor there was any notification to that effect in or around the shop.  So the O.Ps have definitely committed deficiency in their service by charging extra amount of  Rs.5/- from the complainant towards the carry bag without her consent or without any reason and by doing so they have also practised unfair trade.  Accordingly, this pertinent point is found to be favouring the complainant.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is definitely maintainable and the complainant is entitled to the reliefs as claimed by her.  Hence it is so ordered;

                                                          ORDER

Case is allowed exparte against all the O.Ps who are found to be jointly and severally liable here in this case.  They are directed to refund the complainant the extra amount of Rs.5/- as taken by them alongwith a sum of Rs.20,000/- towards compensation for causing mental agony to her  so also to pay a sum of Rs.10,000/- towards cost of her litigation.  This order is to be carried out within a period 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the9^th day of June,2023 under the seal and signature of this Commission.          

                                                                                                                           Sri Debasish Nayak

                                                                                                                                         President

 

                     

                                                                                                                          Sri Sibananda Mohanty

                                                                                                                                          Member