THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.  18/ 2020

Sri Bobin Mohanty,  aged about 55 years,

S/o – Sri Pramod Chandra Mohanty,  Plot No- 676,

Sahidnagar, Bhubaneswar, Dist – Khordha,

Pin – 751007

….     Complainant

          -Vrs.-

M/s Brand Factory, BMC Bhawani Mall,

Plot No.1035, Sahid Nagar, Bhubaneswar,

Dist – Khordha, Pin – 751007

                                                                              ….    Opp. Party

For the complainant                :        Self

For the O.P.                                       :         Exparte

DATE OF FILING                  :         20/01/2020

DATE OF ORDER                 :         16/02/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 OF the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had gone to the shopping complex of the OP in order to purchase some garments. On 27/11/2019 he purchased garments worth Rs.2566.96. He came to the cash counter. The counter boy delivered the garments in a carry bag to the complainant and charged Rs.10/-  for the carry bag. The complainant became astonished and asked the counter boy about the charging of Rs.10/- for the carry bag. He further pleaded that, as there is no display in the shopping complex to that effect, he should not have charged Rs.10/- for the carry bag. Even in the advertisement published by the vendor in the news paper, there is no mention about the charging for the carry bag.  As he was charged of Rs.10/- for the carry bag, he felt harassed. Hence this complaint. 

3.       On the other hand, the OP did not appear in the case, as such it was set exparte and exparte hearing is taken up on 25/01/2023.

4        Perused the materials on record.   The admitted fact that, the complainant purchased garments from the OP and he paid Rs.10/- for the carry bag.  It is not the case of the complainant  that, the carry bag was bearing the logo of M/s Brand Factory. It is a plain carry bag. The complainant was at liberty to refuse to take that carry bag and he could have carried the garments in his own hand.  Selling of carry bag along with the garments is not prohibited under law. All that is prohibited the carry bag should not bear the logo of the concerned factory. The complainant relied upon certain provision of Sales of Goods Act, which relate to the delivery of goods by the vendor. But that provision is a  mis-match  to this occasion. The delivery contemplated under that provision,  does not refer to the delivery at the shopping complex of the OP.  Be that as it may, we do not find any unfair trade practice in the transaction to which the complainant was a party.  As such,  the complaint bears no merit.  Hence it is ordered.      

ORDER

The complaint is  dismissed  exparte against the OP  being devoid of merit.

The order is pronounced on this day the  16^th February, 2023  under the seal & signature of the President and Member (W) of this  Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                                                                                                 

Transcribed by Smt. M.Kanungo, Sr.Steno