Chandigarh

StateCommission

A/138/2020

Reliance Retail Ltd. - Complainant(s)

Versus

Neha - Opp.Party(s)

Sanjiv Pabbi & Rajat Pabbi Adv.

17 May 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	:	A/138/2020
Date of Institution	:	13/10/2020
Date of Decision	:	17/05/2021

 

1.     Reliance Retail Limited, Elante Mall, Shop No.247, 2^nd Floor, Plot No.178 & 178-A, Industrial Area & Business Park, Phase-I, UT, Chandigarh – 160002.

2.     Reliance Retail Limited, having its registered office at 3^rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai (Maharashtra) – 400002.

3.    The Director/ Secretary/ Principal Office of Reliance Retail Limited, having its registered office at 3^rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai (Maharashtra) – 400002, through its Power of Attorney Holder Himanshu Shekhar Jha, aged 56 years son of Late Dr. M.P. Jha.

…..Appellants/OPs

Versus

Neha W/o Sh. Rikash Goel, Plot No. 35, Industrial Area, Phase-I, Chandigarh.

                                    …..Respondent/Complainant

BEFORE:          JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                        MRS. PADMA PANDEY, MEMBER

 

 

Argued by:        Sh. Sanjiv Pabbi, Advocate for the Appellants.

        None for the respondent.

(through video conferencing)

PER PADMA PANDEY, MEMBER

              This appeal is directed against the order dated 30.09.2020, rendered by District Consumer Disputes Redressal Commission-I, UT, Chandigarh (hereinafter to be called as District Commission only), vide which it allowed the consumer complaint as under :-

“11.   In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed, qua them. The Opposite Parties are, jointly & severally, directed:-

(i)       To refund to the Complainant the amount of Rs.7/- wrongly charged for the carry bag;

(ii)      To pay Rs.1,000/- to the complainant towards compensation for harassment and mental agony. Compensation imposed on lower side as mental agony of parting with Rs.7/- could only be caused to this extent.

(iii)     To pay Rs.500/- as litigation expenses.      

12.    This order be complied with by the Opposite Parties within 30 days from the date of receipt of its certified copy, failing which, Opposite Parties shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.”

 

2.         In brief, the facts of the case are that the Complainant purchased a mobile phone from the OP No.1-Store on 02.10.2019 and took the same to the billing counter for making necessary payment. At the time of payment, the Complainant was charged Rs.7/- for a carry bag to carry the mobile phone (Annexure C-1). The Complainant resisted the charging for carry bag, but, to no avail. The complainant alleged that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the Opposite Parties and filed the instant Consumer Complaint.
3.         The Opposite Parties contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It was pleaded that the charges of Rs.7/- for a carry bag were taken only after the consent of the Complainant.  Moreover, requisite information was also displayed in the OP No.1 -Store. It was stated that the Opposite Parties charge for the carry bag only if the customer consents for the same. It was contended that there was no deficiency in service or unfair trade practice on their part and the Opposite Parties prayed for dismissal of the complaint.
4.         The Parties led evidence, in support of their case.
5.         After hearing the Counsel for the parties, and, on going through the evidence, and record of the case, the District Commission, partly allowed the consumer complaint, as stated above. 
6.         Feeling aggrieved, the instant appeal, has been filed by the appellants/OPs.
7.         We have heard the Counsel for the Appellants, and have gone through the evidence, and record of the case, including written arguments, carefully.
8.         After going through the records of the case, this Commission is of the opinion that the said appeal needs to be dismissed for the following reasons.
9.         The contentions of the appellant for charging for the carry bag have been well examined by the learned District Commission who had come to a conclusion that charging for the carry bags, was undoubtedly, an unfair trade practice, and this Commission is inclined to endorse the decision of the learned District Commission and accordingly the said appeal stands dismissed.
10.                 Certified copies of this order, be sent to the parties, free of charge.        The file be consigned to Record Room, after completion.

Pronounced.

17/05/2021                  

                                   [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

[PADMA PANDEY]

MEMBER