Chandigarh

DF-I

CC/458/2021

Mandeep Singh Saini - Complainant(s)

Versus

Reliance Retail Ltd - Opp.Party(s)

Amanpreet Kaur

03 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/458/2021
Date of Institution	:	15/07/2021
Date of Decision	:	03/11/2022

 

Mandeep Singh Saini S/o Manmohan Singh Saini, aged 42 R/o 1736 Sector-34D, Chandigarh.

… Complainant

V E R S U S

1. Reliance Retail Ltd. Reliance Trends Junior, Lower Ground Floor, Elante Mall-Plot No.178 Industrial Area Phase-1, Chandigarh-160002 through its authorized signatory.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Ms.Amanpreet Kaur, Counsel for Complainant.
	:	Sh.Rajat Pabbi, Proxy for Sh.Sajiv Pabbi, Counsel for OP.

 

Per Surjeet kaur, Member

1.      Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant purchased 3 items which are KG Frendz Tops, KG Frendz To and INF Frendz PS from the Opposite Party on 1.4.2021. The MRP of all three products in total is Rs.1297/- and the complainant gave his debit card and paid through it. At the time of payment, the Complainant saw that an amount of Rs.5/- was illegally charged extra for carry bag from the complainant i.e. Rs.1302/- were charged from him (Annexure C-1). The Complainant resisted the charging for carry bag, but to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.     Opposite Party contested the consumer complaint. As per it, the complaint is totally frivolous and has been filed to challenge the charging of Rs.5/- for a carry bag. It is submitted that the said charges were taken only after the consent of the complainant. Information display board is annexed as Annexure R-1.The Opposite Party is neither imposing upon nor compelling its customers to purchase the carry bag. After being well informed and aware, the complainant had chosen to purchase the carry bag, which explicitly evident her free consent as contemplated in the Section 14 of the Indian Contract Act, 1872.  Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint. On these lines, the case is sought to be defended.
3.     Parties led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the parties and gone through the record of the case.
5.     On perusal of Annexure C-1, It is observed that Rs.5/- has been charged by the Opposite Party towards carry bag. The Opposite Party has further contended that the carry bag was given to the Complainant only upon confirmation from him with respect to the purchase of the carry bag. However, we are not impressed with the same, in as much as if the Opposite Party 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. In our considered view, the price of the carry bag has generally been included by it in the profit margins of the product(s). It was for gain of the Opposite Party. By employing unfair trade practice, the Opposite Parties are minting lot of money from the gullible customers from all their stores situated across the country.
6.     Moreover, in identical set of circumstances, it has been held by the Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh that all kinds of expenses incurred in order to put goods into a deliverable state shall be suffered by the seller. Here our view is bolstered from the judgment dated 18.05.2020 of the Hon’ble State Consumer Disputes Redressal Commission, U.T. Chandigarh in F.A. No.238/2019– Big Bazaar (Future Retail Ltd.) Vs. Ashok Kumar, wherein it was decided as under:-

“It may be stated here that, once we have already held that all kinds of expenses incurred in order to put goods into a deliverable state shall be suffered by the seller, as such, the contention raised does not merit acceptance. Ever otherwise, as per the contention raised by Counsel for the appellant, on the one hand, purchase of carry bags is made optional & voluntary but at the same time, the consumer/customer is not allowed to enter the shop with their own carry bags containing some goods purchased from other shop premises. We cannot expect that for every single item/article intended to be purchased by a customer, he/she needs to carry separate carry bags. For e.g. if a customer wants to purchase, say about 15 in number, daily-use goods/articles like macroni pep, dettol, oreo; cop urad, soap, toothpaste, shaving cream, pen, pencil etc., from different shops, we cannot expect him/her to take 15 carry bags from home, for the same. Thus, by not allowing the customers to carry their own carry bags by the appellant in its premises, there was no option left with them to buy the carry bags alongwith the goods purchased, to carry the same from the shop-premises. We are shocked to note the kind of services provided by these big Malls/Showrooms. One cannot be expected to take the goods like macroni pep, dettol, oreo; cop urad etc., purchased, in hands. By not allowing the customers to bring in the shop premises, their own carry bags, and thrusting its own carry bags against consideration, the appellant is deficient in providing service and also indulged into unfair trade practice. No case is made out to reverse the findings of the respective District Forum in each appeal.”

             The ratio of the law laid down in the aforesaid judgment is squarely applicable to the facts and circumstances of the present case. Therefore, the deficiency on the part of Opposite Party is proved.

7.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party is directed as under :-

(i)         To refund to the Complainant the amount of Rs.5/- 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.5/- could only be caused to this extent.

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

8.     This order be complied with by the Opposite Party within thirty days from the date of receipt of its certified copy, failing which, it 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.
9.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
03/11/2022			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member