Chandigarh

DF-I

CC/426/2018

Mr. Pankaj Chandgothia - Complainant(s)

Versus

M/s Shoppers Stop Ltd. - Opp.Party(s)

In Person

23 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

Consumer Complaint No.	:	CC/426/2018
Date of Institution	:	29/08/2018
Date of Decision	:	23/05/2019

 

Mr.Pankaj Chandgothia s/o Late Sh.R.S.Chandgothia, SCO No.14-15, Sector 28-C, Chandigarh.

…..Complainant

V E R S U S­

M/s Shoppers Stop Ltd., Elante Mall, Plot No.178-178A, Industrial & Business Park, Phase 1, Industrial Area, Chandigarh, through the Store Manager.

……Opposite Party

 

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                               

PRESENT

:

None for Complainant. Sh.Chanderdeep Singh, Counsel for Opposite Party(OP) alongwith Sh.Santokh Singh, Unit Administration Head of Opposite Party(OP).

PER RATTAN SINGH THAKUR, PRESIDENT

1.             The allegations are, complainant had purchased one Wallet on 25.12.2017 from the Opposite Party against consideration of Rs.2,169.50. The Opposite Party had charged Rs.5/- for paper carry bag though the complainant did not intend to purchase it. As such, alleging that there has been unfair trade practice on the part of Opposite Party as the carry bag was never intended to purchase by complainant. Hence, prayed for refund Rs.5/-, discontinue unfair trade practice and compensation with costs of litigation.

2.             Opposite Party has contested the consumer complaint and filed the written reply. In the reply claimed that they had asked the complainant to carry the article purchased in hand or by way of carry bag and on their consent carry bag was sold by Opposite Party for Rs.5/-. Complainant opted for its purchase. No rejoinder and rebuttal evidence filed. Affidavits were also filed in support of their claims by the Parties. 

3.             We have heard the Ld. Counsel for Opposite Party as well as Unit Administration Head of Opposite Party. During the course of arguments, on oath statement has also been made on behalf of Opposite Party that since April 2019, the Opposite Party is not charging for paper carry bag which is being given free of cost to the customers. It is also stated Opposite Party now does not have any intention to charge for the carry bag as after coming into the knowledge from newspapers that this Forum has held in many cases, such practice is unfair trade practice. The making of such a statement shows that Opposite Party has remorse and repentant on his mistake and amount of carry bag charged under mistaken belief. Therefore, we are inclined to take a lenient view and further token cost of carry bag Rs.5/-, we partly allow this consumer complaint. The Opposite Party is directed:-

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

(ii)      By way of punitive damages, to deposit Rs.100/- in the “Consumer Legal Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C, Madhya Marg, Chandigarh in the name of Secretary, Hon'ble State Consumer Disputes Redressal Commission, U.T., Chandigarh.

4.             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 amount at Sr. No.(i)  to the complainant along with interest @ 12% p.a. from the date of filing of the present complaint, till its realization. The amount mentioned at Sr. No.(ii) be deposited in the account aforesaid, within one month from the date of receipt of its certified copy, failing which on order becoming final, necessary steps for execution of order be taken. A copy of this order be also sent to the Secretary (SCDRC), U.T. Chandigarh, for necessary action.

5.             Certified copies of this order be sent to the parties free of charge. File after its due completion be consigned to record room.

	Sd/-	Sd/-	Sd/-
23/05/2019	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President