Chandigarh

DF-I

CC/311/2019

Neha - Complainant(s)

Versus

Fashion (India) Pvt. Ltd. - Opp.Party(s)

Mandeep Singh

05 Aug 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/311/2019
Date of Institution	:	02/05/2019
Date of Decision	:	05/08/2019

 

Neha D/o Late Sh. Vikram Dogra, Resident of House No. 3554, Sector 15-D, Chandigarh.

…..Complainant

 

V E R S U S

 

 

Fashion (India) Pvt. Limited, Go Colors – Elante Mall, Second Floor, SCO 178-178A, Industrial Area, Phase-I, Near Tribune Chowk, Chandigarh – 160002, through Proprietor/ Manager/ Authorized Signatory.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh.Amandeep Singh, Vice Counsel for Sh.Mandeep Singh, Counsel for Complainant.
	:	Sh.Pradeep Kumar Kaushik, Regional Manager of OP alongwith Sh.Gurtej Pratap Singh Sandhu, Vice Counsel for Sh.Amarbir Dhaliwal, Counsel for OP.

 

Per Dr.S.K.Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that on 20.03.2019 the Complainant went the OP-Store and purchased certain clothes/articles and took them to the billing counter for making necessary payment. At the time of billing, the Complainant saw that she was charged Rs.5/- for a carry bag in order to carry articles/clothes (Invoice Annexure C-1). Having no option, the Complainant paid Rs.5/- additionally. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party filed one affidavit of Sh. Pradeep Kumar Kaushik, Regional Manager, and also made an endorsement that no separate reply is to be filed. In the affidavit, the Opposite Party asserted that the paper carry bags were implemented in the store as per the guidelines of concerned authorities in consonance with the environmental aspects. It has been pleaded that post order passed by this Forum in Bata’s case, answering Opposite Party started giving bags free of cost to the customers purchasing products in the store. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Parties.
6.         The factum of providing paper bags by the Opposite Party to its customers, on payment of additional price, has not been disputed before us.
7.         It has been argued by the Ld. Counsel for the Complainant that it was nowhere mentioned in the entire premises that the Opposite Party would charge for a carry bag. This fact has neither been admitted nor refuted by the Opposite Party in its affidavit.
8.         Opposite Party has urged that the paper carry bags were implemented in the Store as per the guidelines of concerned authorities in consonance with the environmental aspects. At any rate, the Opposite Party has miserably failed to produce on record any cogent, convincing and reliable piece of evidence in the shape of any rules/instructions authorizing it to levy charge additionally for the carry bag from the gullible Consumers.
9.         In the wake of foregings, we are of the firm opinion that the act of charging for a paper bag is an act of unfair trade practice on the part of the seller, as it would have been very odd and inconvenient to the Complainant to carry the articles/clothes in hand throughout without a carry bag.  Therefore, the Opposite Party and all other shops like it are obliged to provide carry bags free of cost to carry the purchased items to their customers, as the customers cannot be expected to carry the items in hands.
10.         Undoubtedly, the Opposite Party has several stores across the country and in the above said manner, made lot of money, thus, the act of Opposite Party by forcing the gullible consumers to pay additionally for the paper bags is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice.
11.         The sequence of the events of the present case, clearly establishes the highhandedness of the Opposite Party of which the complainant became the victim and felt the burnt, as a result the complainant has been left with no alternative, except to knock the doors of this Forum, which further aggravated her pain & harassment.
12.         It is worthwhile to add here that Opposite Party by way of affidavit has affirmed that it has strictly implemented the order passed by this Forum in Bata India Limited’s case and it is not charging from the customer(s) towards price of the carry bag(s), which are being supplied free to the customer(s). We feel that if somebody learnt a lesson then a lenient view is taken qua that person. Thus, on this account, taking a lenient view, we deem it proper not to impose any punitive costs on the Opposite Party.
13.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.5/- wrongly charged for the paper carry bag;

(ii)    To pay Rs.500/- to the complainant towards compensation for harassment and mental agony.  Compensation imposed on lower side as mental agony of parting with Rs.5/- could only be caused to this extent.

(iii)   To pay Rs.500/- as litigation expenses.      

 

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the amounts at Sr.No. (i) & (ii) to the complainant along with interest @7% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii) above.

 

14.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
05/08/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”