Chandigarh

DF-II

CC/639/2019

Diksha Goel - Complainant(s)

Versus

Reliance Retail Limited - Opp.Party(s)

Devinder Kumar Adv.

12 May 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	639/ 2019
Date of Institution	:	16.07.2019
Date of Decision	:	12.05.2020

 

                                       

                                               

Diksha Goel r/o H.No.478, Sector 8, Panchkula.

                                ...  Complainant.

Versus

Reliance Retail Limited, Elante Mall, Plot No.178, Shop No.247 & 248, Industrial Area, Phase-I, Chandigarh, through its Manager Director.

…. Opposite Party.

BEFORE:

SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by

                Sh.Devinder Kumar, Adv. for the complainant

                Sh.Sanjiv Pabbi, Adv. for the OP.

 

PER RAJAN DEWAN, PRESIDENT

1.           The facts of the case as alleged by the complainant is that she purchased some items worth Rs.998/-  against invoice dated 21.06.2019.  She requested the OP to put the clothes in the bag and the OP provided a carry bag and demanded Rs.5/- for the carry bag despite her objection that as per the court order, the OP cannot charge for the carry bag.  It has further been averred that the OP is not ready to provide bag free of charges and charged a sum of Rs.5- from her.  It has further been averred that the cashier handed over the items into a paper carry carrying the advertisement name of the brand “Trends” in big capital letter. 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 paper carry bag. Hence, the present consumer complaint.
2.         In its written statement, the OP while admitting the factual matrix of the case has pleaded that to protect the environment at large and also to provide convenience to the visiting customers, the OP had introduced the optional sale of carry bags. The charges of Rs.5/- for a carry bag were taken only after the consent of the Complainant.  Moreover, the requisite information was also displayed in the Store of the Opposite Party. It has been pleaded that the OP charges for the carry bag only if the customer consents for the same. Pleading that there is no deficiency in service or unfair trade practice on its part, the OP has prayed for dismissal of the complaint.
3.         We have heard the Learned Counsel for the parties and have gone through the documents on record.
4.         It is admitted fact on record that the OP had charged a sum of Rs.5/- on account of paper carry bag vide invoice dated 21.06.2019 (Annexure C-2).
5.        It has further been argued on behalf of the Opposite Party that suitable advertisements and posters are displayed at prominent locations in the store as the OP  is committed to follow a responsible environmental policy.  However, we are not impressed with the same, in as much as, the Opposite Party has miserably failed to produce on record any cogent, convincing and reliable piece of evidence in the shape of any rules/ instructions authorizing it to levy charge additionally for the carry bag from the gullible Consumers. Moreover, if the Opposite Party is an environmental activist, it should have given the same to the complainant free of cost. Therefore, the contention of the Opposite Party that there is no law as such which directs or binds any shop keeper to provide carry bags for free is rejected being bereft of any force. It was surely for the gain of the Opposite Party and by employing unfair trade practice, the Opposite Party is minting lot of money from all customers.
6.         It has further been argued on behalf of the OP that the carry bag was given to the complainant only upon confirmation from her with respect to the purchase of the carry bag. However, we are also not impressed with the same, in as much as if the Cashier informed the complainant about the purchase of carry bag before billing, the same amounts to unfair trade practice and deficiency in service, as it would have been very odd and inconvenient for complainant to carry the new articles in hand throughout without a carry bag. In this backdrop, charges of such things (carry bags) cannot be separately foisted upon the consumers and would amount to overcharging. It is noteworthy that in this manner, the complainant and other gullible consumers like her has certainly been taken for a ride by the Opposite Party. Undoubtedly, the Opposite Party has several stores across the country and in the above said manner, made lot of money; thus, the act of Opposite Party by forcing the gullible consumers to pay additionally for the carry bags is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice.
7.             In view of the above discussions, the complaint deserves to be allowed against the Opposite Party, and the same is accordingly allowed qua it. The Opposite Party is directed:-
   1. to refund Rs.5/- i.e. price of the paper carry bag to the complainant.
   2. 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 the price of the carry bag could only be caused to this extent.
   3. to pay Rs.2,100/- as litigation expenses.      
   4. By way of punitive damages, to deposit Rs.5,000/- 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 Commission UT Chandigarh.
8.         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 (iii) to the complainant along with interest @ 9% p.a. from the date of the order, till its realization. The amount mentioned at Sr.No.(iv) be deposited in the account aforesaid, within one month from the date of receipt of its certified copy, failing which the same will also carry interest @ 9% p.a. from the date of this order till its deposit. A copy of this order be also sent to the Secretary (SCDRC), U.T. Chandigarh, for necessary action.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

12.05.2020                                                             

 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER