Sri Ranjan Ray, Ld. Member

FINAL ORDER/ JUDGEMENT

This complaint under the provision of C.P. Act, 2019  was initially filed against the Opposite Parties (O.P.s)- 1) Jubilant Foodworks Limited, Represented through and by CEO, Having its Registered Office at Plot No.- 1A, Sector- 16A, Noida- 201301, Uttar Pradesh, 2) The Store Manager, Works for gain at Domino’s, situated at First Floor, Hotel Monarch Aachal, Shivmandir, P.O.- Kadamtala, P.S.- Matigara, Dist.- Darjeeling, PIN- 734011and 3) DOMINO’S, Represented through and by its Proprietor, Having its shop at First Floor, Hotel Monarch Aachal, Shivmandir, P.O.- Kadamtala, P.S.- Matigara, Dist.- Darjeeling, PIN- 734011 and as per the Order No. 07, dated 11.07.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2 and 3.

                    The case of the complainant as per his complaint is as follows-

The complainant went to the retail shop of O.P. No.1 which is situated in the premises of O.P. No.3 with his friends and ordered one Double Cheese Margherita Regular Size Pizza at his table and also ordered one Medium Size Chicken Sausage Pizza and one Large Size Chicken Sausage Pizza for his home. After finished his pizza which was served to him at his table he asked for the bill and then the O.P. No.2 asked him whether he needed any carry bag or not to take away his other pizzas and in reply the complainant told O.P. No.2 that without carry bag it was not possible for him to take away those pizzas nakedly. The O.P. No.2 then issued one Bill being Order Slip No.- DPI64040 dated 09.06.2022 where instead of mentioning the item wise price the total amount was mentioned/ printed, which altogether amounting to Rs. 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only including GST and other incidental charges. But when the complainant asked for the descriptive bill to know the item wise charges of his total ordered item, the O.P. No.2 firstly refused to provide the same to him and when the complainant raised objection then the O.P. No.2 issued another bill of 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only being Invoice No.- 64040/22/6212 dated 09.06.2022 wherefrom the complainant came to know that a sum of Rs. 11.42/- (Rupees Eleven and Forty Two paisa) only was charged for carry bag. The staff/ employee of O.P. No.2 told the complainant that as per their own guidelines the customer should bring carry bag with them to take away their purchased item/ product or they has to buy carry bag from them for the same. Having no other alternative the complainant then paid Rs. 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only along with GST including an extra amount for carry bag to the O.P. No.2 to take away his pizzas to home and after getting the bill the complainant found that the O.P.s illegally charged CGST and SGST @ 2.5% for the said carry bag which the complainant as well as other customers are not obliged to pay.

           The prayers of complainant are as follows: -

1. To pass an order directing the O.P.s to return back of Rs. 11.42/- (Rupees Eleven and Forty Two paisa) only for cost taken by the O.P.s for providing carry bag to the complainant.
2. To pass an order directing the O.P.s to pay a sum of Rs. 50, 000/- (Rupees Fifty Thousand) only to the complainant as mental pain, agony and harassment together with 18% interest accrued thereon, on and from 09.062022 to its realization.
3. To pass an order directing the O.P.s to pay a sum of Rs. 25, 000/- (Rupes Twenty Five Thousand) only to the complainant on punitive damage.
4. To pass an order directing the O.P.s to pay a sum of Rs. 20, 000/- (Rupes Twenty Thousand) only to the complainant on account of litigation cost.
5. To pass an order directing the O.P.s to pay a sum of Rs. 3, 00, 000/- (Rupes Three Lakh) only to the Consumer Welfare Fund, Siliguri for illegal and unfair trade practice and also for misappropriating the monies of the unidentified numerous customers.
6. To pass an order directing the O.P.s not to repeat unfair and illegal trade practice further more by charging for carry bag from their respective customers.
7. Any other relief and/ or reliefs which the complainant is legally entitled to.

                             List of Documents filed by the complainant:

1. Photocopy of Order Slip No.- DPI64040 dated 09.06.2022.
2. Photocopy of Tax Invoice No.- 64040/22/6212 dated 09.06.2022.

          Opposite Party- 1) Jubilant Foodworks Limited, Represented through and by CEO, Having its Registered Office at Plot No.- 1A, Sector- 16A, Noida- 201301, Uttar Pradesh, 2) The Store Manager, Works for gain at Domino’s, situated at First Floor, Hotel Monarch Aachal, Shivmandir, P.O.- Kadamtala, P.S.- Matigara, Dist.- Darjeeling, PIN- 734011and 3) DOMINO’S, Represented through and by its Proprietor, Having its shop at First Floor, Hotel Monarch Aachal, Shivmandir, P.O.- Kadamtala, P.S.- Matigara, Dist.- Darjeeling, PIN- 734011 and as per the Order No. 07, dated 11.07.2023 of this Commission the case runs ex- parte against O.P. No. 1, 2 and 3.

Having heard, the Ld. Advocate of the complainant and on perusal of the complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reasonS

All the points are taken up together for consideration and decision.

Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainants. We are also heard arguments of the complainant in full length.

It is very much clear from the evidences that the complainant resides at P.S.- Kharibari Darjeeling district and O.P. No.2 and 3 is running their at P.S.- Matigara, Dist.- Darjeeling. Thus, there is no doubt that this Commission has its territorial jurisdiction to decide this case.  

Seen and perused the complaint filed by the complainant as well as documents filed by the complainant it is also clear that the complainant ordered one Double Cheese Margherita Regular Size Pizza at his table and also ordered one Medium Size Chicken Sausage Pizza and one Large Size Chicken Sausage Pizza for his home. After finished his pizza which was served to him at his table he asked for the bill and then the O.P. No.2 asked him whether he needed any carry bag or not to take away his other pizzas and in reply the complainant told O.P. No.2 that without carry bag it was not possible for him to take away those pizzas nakedly. The O.P. No.2 then issued one Bill being Order Slip No.- DPI64040 dated 09.06.2022 where instead of mentioning the item wise price the total amount was mentioned/ printed, which altogether amounting to Rs. 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only including GST and other incidental charges. But when the complainant asked for the descriptive bill to know the item wise charges of his total ordered item, the O.P. No.2 firstly refused to provide the same to him and when the complainant raised objection then the O.P. No.2 issued another bill of 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only being Invoice No.- 64040/22/6212 dated 09.06.2022 wherefrom the complainant came to know that a sum of Rs. 11.42/- (Rupees Eleven and Forty Two paisa) only was charged for carry bag. The staff/ employee of O.P. No.2 told the complainant that as per their own guidelines the customer should bring carry bag with them to take away their purchased item/ product or they has to buy carry bag from them for the same. Having no other alternative the complainant then paid Rs. 1,501.84/- (Rupees One Thousand Five Hundred and One and Eighty Four Paisa) only along with GST including an extra amount for carry bag to the O.P. No.2 to take away his pizzas to home and after getting the bill the complainant found that the O.P.s illegally charged CGST and SGST @ 2.5% for the said carry bag which the complainant as well as other customers are not obliged to pay.

It is fact that the O.P. No.2 asked him whether the complainant needed any carry bag to take away his other pizzas and in reply the complainant told O.P. No.2 that without carry bag it was not possible for him to take away those pizzas nakedly. As per evidence filed by the complainant that there was no where mentioned in the entire shop that the customer would have to his / her own carry bag to take away the purchased product/ item at home. In this instant case, no such evidence also came before this Commission that there was any advertisement or leaflets or any display at the inside/ outside of the shop that the customers should bring their own carry bag to take away their purchased product from the O.P.’s shop. The sequence of this event established the high handedness of the O.P.s of which the Complainant became the victim and knocked the door of this Commission.   

So, as per the above discussion it is very much clear that there was a unfair trade practice from the part of O.P.s and this Commission has no doubt that there was a unfair trade practice from the part of O.P.s. In this instance case, the O.P.s are jointly and severally liable.

Hence, it is,

ORDERED

That the Consumer Case No. 50/2023 be and same is allowed in contest against the O.P.s. In this instance case, the O.P.s are jointly and severally liable.

The O.P.s are directed to refund the price of the carry bag of Rs. 11.42/- (Rupees Eleven and Forty Two paisa) only by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. The complainant is also entitled to get Rs. 1,000/- (Rupees One Thousand) only for mental pain, agony, harassment and litigation cost and the O.P.s are also directed to deposit Rs. 1,000/- (Rupees One Thousand) only to Consumer Legal Aid Account of this Commission failing which these amount will carry a simple interest of 9% per annum from the date of filing of this case, i.e., from till 13/02/2023 the realization of the entire amount.      

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.