DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.1311 of 2019

                                                Date of institution:  29.07.2019                                                  Date of decision   :  04.11.2019

Sukhrit S Sohal son of Ajmer Singh Sohal, resident of Sector 71, SAS Nagar (Mohali), Punjab.

…….Complainant

Versus

Brand Factory, Cosmo Plaza Mall, Opposite Walmart, Zirakpur, Punjab 201010.

                                                         ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                Complainant visited OP on 25.05.2019 because offer of special sale was going on in this outlet. Complainant purchased 5 T-shirts. After paying of bill, complainant was asked if carry bag was required, on which complainant put query if there is charge for the same. Cashier Mr. Ranjeet claimed that the bag would cost Rs.10/-. Complainant informed the Cashier that as per recent judgments of Consumer Forums in the Tricity area, carry bags are to be provided free of cost. Said Mr. Ranjeet claimed that he will inform the Manager about the same. Then Cashier called upon Mr. Sapan Sharma, the Manager, who admitted about awareness of Consumer Forum cases and delivered judgments. Said Manager claimed to have not received any update from the Head Office and as such he claimed that he is not able to do anything because choice is between paying for carry bag or for carrying the products in hand. Bag Ex.C-2 (as filed today before arguments) alleged to be made from recycled paper. Cost of this bag at the bottom shown as Rs.10/- in print. It is claimed that OP company is trying to sell the bag as an item. Rather the same is part of the transaction regarding sale of the products. It is claimed that in similar cases, Chandigarh Consumer Forum has categorically stated that shops are obliged to provide carry bag free of cost to carry the purchased items to their customers, because customers cannot be expected to carry items in hands. Despite highlighting all this in local media, shops and outlets in malls continue to fleece customers by charging from them heavy prices for carry bags. This complaint filed for taking stern view of incidence and issue refund of Rs.10/-. Rs.5,000/- as punitive damages also claimed.

2.             OP is ex-parte in this case.  

3.             Complainant has produced today carry bag which is retained on record as Ex.C-2. Written arguments not submitted. Oral arguments heard, more so when complainant claims that he is not to file any more affidavit/documents.

4.             From the contents of complaint itself, it is made out that complainant was asked if he requires carry bag and thereafter he got the same by making enquiry about price of this bag. This means that complainant himself opted for carry bag Ex.C-2 after knowing about price of same as Rs.10/-. This means virtually complainant exercised option of having carry bag at price of Rs.10/-.In view of exercise of this option by complainant himself, it is obvious that OP never forced complainant to purchase carry bag Ex.C-2 for Rs.10/-. When such force or compulsion was not there on part of OP, then complainant could have taken the products mentioned in invoice Ex.C-1 either in his hands or by bringing bag from his house. Now-a-days through radio advertisements often it is appealed by Hon’ble Prime Minister of India that one should carry cloth bag with him for bringing purchased items from market because stress is on preventing use of plastic bags. Those words of Hon’ble Prime Minister through radio broadcasting must be honoured by each and everyone and as such complainant either should have taken his own carry bag for bringing the purchased items from shop to his home or he could bring the same in his hands. However, complainant himself exercised the option  in this case of purchase of carry bag after knowing price of the same as Rs.10/- and as such now complainant estopped by his act and conduct from claiming that OP cannot charge Rs.10/- for paper carry bag Ex.C-2. It is immaterial whether paper bag Ex.C-2 is made of recycled paper or by other material. Cost of recycling also to be borne by manufacturer and he can pass on the same to customers aspiring to purchase carry bag by exercise of option of purchasing the same. Being so, there is no deficiency in service on part of OP and nor it adopted any unfair trade practice, more so when Ex.C-2 not meant for advertisement of OP Company because name of company not mentioned on it.

5.             As a sequel of above discussion, complaint dismissed with no order as to costs. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

November 04, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member