Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                   Complaint No. : 258.

                                                                   Instituted on     : 06.04.2021

                                                                   Decided on       : 08.12.2022.

Natarpal, age 42 years, s/o Sh. Kawar Singh, Chamber No.383, District Courts, Rohtak.

                                                                                                                                                                             ………..Complainant.

                             Vs.

Reliance Retail Limited Reliance Trends, Upal Universal Mall, Paontasahib, Chhachhrauli Agarsen Chowk Jagadhari, Yamunanagar(Haryana)-135003 throug its Manager/Proprietor.

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER

Present:       Sh.Natarpal Singhmar Advocate complainant in person.

                   Opposite party exparte.

                                      ORDER

TRIPTI PANNU, MEMBER:

1.                Brief facts of the case as per complainant are that on 31.03.2021, he purchased a t-shirt amounting to Rs.449/- and also purchased some other readymade garments & cosmetic amounting to Rs.3526/-. Complainant was having his own carry bag with him and he refused to purchase the carry bag from the opposite party. But the opposite party has charged an amount of Rs.5/- in the bill on account  of carry bag, which is illegal.  Due to the act and conduct of the opposite party, complainant suffered a great mental agony and harassment. Hence this complaint and it is prayed that opposite party may kindly be directed to refund  an amount of Rs.5/- as cost of carry bag, also to pay an amount of Rs.25,000/- on account of harassment and Rs.5,000/- as litigation expenses to the complainant as explained in relief clause.

2.                Notice of the present complaint was issued to the opposite party through registered post. But the same did not receive either served or unserved. As such after expiry of statutory period of one month, opposite party was proceeded against exparte vide order dated 22.12.2021 of this Commission.   

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1  to Ex.C3 and closed his evidence on dated 26.07.2022. However bill Ex.C1 is not visible, so the photocopy of the same is placed on record as ‘Annexure-JN-A’.

 4.               We have heard ld. counsel for the complainant and have gone through the material aspects of the case very carefully.

5.                As per the bill placed on record as Ex.C1/Annexure-JNA, opposite party had charged Rs.5/- from the complainant on account of shopping bag. As per the complaint and affidavit filed by the complainant, he was having his own carry bag with him and he refused to purchase the carry bag but despite that opposite party gave the bag to the complainant and charged Rs.5/- from the complainant on account of bag. It is further submitted that it is the prime duty of the opposite party to provide carry/shopping bag free of cost to the complainant and other customers. Hence the charging of alleged amount of carry bag from the complainant is illegal. On the other hand opposite party did not appear despite service of notice through registered post and was proceeded against exparte, which shows that they have nothing to say in the matter. Hence all the allegations leveled by the complainant against the opposite party stands proved. Moreover, we have also placed reliance upon the judgment of Hon’ble National Commission, in Revision petitions No. 975-388 of 2020 decided on 22.12.2020 titled as “Big Bazaar Vs. Ashok Kumar & Ors.whereby it is held that “No prior notice or information to consumer before he makes his choice of patronizing retail outlet, and before he makes his selection for purchase, imposing additional cost of carry bags at time of making payment, after selection has been made, forcing carry bags without disclosing their salient specifications at price as fixed by opposite party company putting consumer to embarrassment and harassment”. The alleged law is fully applicable on the facts and circumstances of the case. Hence the opposite party has illegally charged Rs.5/- from the complainant for providing the carry bag and there is deficiency in service as well as unfair trade practice on the part of opposite party.

6.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to refund Rs.5/-(Rupees five only), to pay Rs.1000/-(Rupees one thousand only) as compensation on account of deficiency in service and Rs.2000/- (Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite party No.1 shall also be liable to pay interest @ 9% p.a. on the awarded amount of Rs.1005/- from the date of order till its realization to the complainant.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

08.12.2022.                  

                                                         ................................................

                                                         Nagender Singh Kadian, President

                                                          …………………………………

                                                          Tripti Pannu, Member.

                                                          …………………………………

                                                          Vijender Singh, Member