Haryana

Panchkula

CC/365/2021

PRIYANKA CHAUDHARY. - Complainant(s)

Versus

MINISO. - Opp.Party(s)

CHETAN GUPTA

15 May 2023

ORDER

C.C.No.365 of 2021

 

 

Priyanka Chaudhary Vs. M/s Miniso

 

 

Present:             Sh. Chetan Gupta, Advocate for the complainant.

                        Sh. Manu Loona, Advocate for OP.

                       

 

                        Evidence not filed by the complainant. Admittedly, the main issue in the present complaint is qua the charging of amount by the Ops for the carry bag. As per complainant, the OPs are bound to deliver the carry bag to its consumers free of cost. In this regard, the complainant has contended that it is imperative upon the Ops to sell its item to its consumers in deliverable state and thus, OPs are not justified while charging for the carry bag.

 

On the other hand, the Ops have justified its act of charging for the carry bag by taking several pleas in the written arguments. The learned counsel has contended that the issue involving the charging by the shopkeeper for the carry bag is pending adjudication before the Apex Court in the case titled as Reliance Retail Limited Vs. Dharma Pal & Anr. SLP(C) No.18376 of 2021 and thus, it has been prayed that the case may be adjourned till issue is finally adjudicated by the Hon’ble Apex Court.  The learned counsel for the Ops has moved an application for adjourning the present complaint sine-die till the pendency of the SLP (C)No.18376 of 2021 titled as “Reliance Retail Limited Vs. Dharam Pal and Another” before the Hon’ble Supreme Court.

Since the mute question qua the charging of the amount for the carry bag by the Ops is pending adjudication before the Hon’ble Apex Court in the SLP(supra), it would be proper to adjourn the case Sine Die till the controversy is finally settled by the Hon’ble Apex Court and it is ordered accordingly. However, it is made clear that either of the party to the complaint shall be at liberty to get the present complaint restored at its original number as and when the controversy involved in the present case is finally adjudicated by the Hon’ble Apex Court.