Chandigarh

DF-II

CC/872/2019

Anirudh Gupta - Complainant(s)

Versus

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

Preeti Kalia Adv.

03 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	872/ 2019
Date of Institution	:	02.09.2019
Date of Decision	:	03.03.2021

 

                                       

                                               

Anirudh Gupta s/o Sh.Rajesh Gupta r/o House No.3494, Sector 23-D, Chandigarh.

                                ...  Complainant.

Versus

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

…. Opposite Party

(2)

 

Consumer Complaint No.	:	873/ 2019
Date of Institution	:	02.09.2019
Date of Decision	:	03.03.2021

 

                                       

                                               

Anirudh Gupta s/o Sh.Rajesh Gupta r/o House No.3494, Sector 23-D, Chandigarh.

                                ...  Complainant.

Versus

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

…. Opposite Party

(3)

 

Consumer Complaint No.	:	874/ 2019
Date of Institution	:	02.09.2019
Date of Decision	:	03.03.2021

 

                                       

                                               

Anirudh Gupta s/o Sh.Rajesh Gupta r/o House No.3494, Sector 23-D, Chandigarh.

                                ...  Complainant.

Versus

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

…. Opposite Party

BEFORE:

SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by

                Sh.Preeti Kalia, Adv. for the complainant

                Sh.Chanderdeep Singh, Advocate for the OP.

 

PER RAJAN DEWAN, PRESIDENT

1.         By dint of this common order, we propose to dispose of the following three (3) connected consumer complaints in which common questions of law and fact are involved:-

1	2	3	4
Sr. No.	C.C. No.	Complainant’s Name	Cost of Carry Bag (in Rs.)
	872/2019	Anirudh Gupta	9/-
	873/2019	Anirudh Gupta	5/-
	874/2019	Anirudh Gupta	5/-

2.         The facts are gathered from Consumer Complaint No.872/2019-Anirudh Gupta Vs. M/s Shoppers Stop Ltd.
3.           The facts of the case as alleged by the complainant are that he alongwith his wife went to OP to purchase some garments. He took the selected articles to the payment counter where the cashier made the bill without putting it into the carry bag and when he stated that how were they supposed to carry out the items and that these should be put into a carry bag, then the cashier stated that they did not provide any carry bag to the customer but he could buy a carry bag for Rs.9/-. It has further been averred that he had no option but to pay Rs.9/- additionally for the carry bag to carry the garments, otherwise it would have been very odd and inconvenient to carry the same in hand throughout.  It has further been averred that it was nowhere mentioned in the entire shop premises that the OP will charge for the carry bag also.  It has further been averred that the charging for a carry bag is illegal and has no authority of law. It has further been averred that the Opposite Party has committed deficiency in service, as also indulged into unfair trade practice by charging for the carry bag. Hence, the present consumer complaint.
4.         In its written statement, the OP while admitting the factual matrix of the case has pleaded that the amount for the carry bag was charged after getting the consent/confirmation of the complainant.  It has further been pleaded that the OP honoring the directions passed by the Commission in the case titled as C.C. No.427/2018- Sangeeta Chandgotia Vs. Shoppers Stop and C.C. No.426/2018- Pankaj Chandgotia Vs. Shopper Stop, both decided on 23.05.2019 has stopped charging the carry bags and started providing free carry bags to all of its customers w.e.f. 19.04.2019. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
5.         We have heard the learned Counsel for the parties and have gone through the documents on record.
6.          At the time of arguments, Ld. Counsel for Opposite Party has fairly conceded that the Opposite Party on learning that charging of carry bags with its logo/name on it, has been held to be unfair trade practice by the Forum in C.C. No.427/2018- Sangeeta Chandgotia Vs. Shoppers Stop and C.C. No.426/2018- Pankaj Chandgotia Vs. Shopper Stop, both decided on 23.05.2019, has stopped charging for the carry bags. Since the OP has apologized for its mistake and stopped charging for the paper carry bags and has remorse and repentant on its mistake, therefore, we think that if somebody learnt a lesson then a lenient view should be taken qua that person. Keeping in view the same, we deem it proper not to impose any punitive costs upon the Opposite Party.
7.         Similar facts have been pleaded in other connected complaints and similar evidence has been led in them.  Therefore, in all these cases, deficiency in service as well as unfair trade practice on the part of the OP is proved.
8.       In view of the above discussions, all the consumer complaints deserve to succeed against the Opposite Party, and the same are accordingly allowed. The Opposite Party is directed:-
   1. to refund the cost of carry bags as mentioned at column No.4 of the above table to the complainant.
   2. to pay Rs.100/- to the complainant in each complaint towards compensation for harassment and mental agony.  Compensation imposed on lower side as mental agony of parting with the price of the carry bag could only be caused to this extent.
   3. to pay Rs.1100/- as litigation expenses in each complaint.      
9.         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) & (ii) to the complainant along with interest @ 9% p.a. from the date of the order, till its realization besides litigation expenses. 
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

03.03.2021.                                                            sd/-

 (RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(B.M.SHARMA)

MEMBER