Haryana

Ambala

CC/59/2022

Paramjeet Kaur - Complainant(s)

Versus

Reliance Retail Ltd - Opp.Party(s)

Varun Kaushal

19 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	59 of 2022
Date of Institution	:	18.02.2022
Date of decision	:	19.12.2023

 

Paramjeet Kaur wife of late Sh.Balbir Singh, r/o 547, Soina Colony, Ambala City, aged about 71 years.

 ……. Complainant

                                                Versus

Reliance Retail Limited, INCO CBD Showroom No.4,5,6, and 7, INCO Chowk, B-1, TP Scheme, Ambala City, through its Manager/Managing Director .

                                                                                      ….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

       Shri Vinod Kumar Sharma, Member.           

 

Present:        None for the complainant.                                                                                                                                                                                   Shri Mohinder Bindal, Advocate, counsel for the OP.

 

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1.  To refund the amount of Rs.24.90, i.e. the cost of the carry bag.
2. To pay compensation for mental harassment and damages to the tune of Rs.20,000/-
3. To pay cost of litigation 15,000.
4. OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is a retired School Teacher. She had purchased some household items vide bill no. TDF013222500086 dated 01.01.2022 amounting Rs.430.90 from the OP. When after selecting certain articles from the OP/shopping mall, she took the same to the billing counter for making necessary payment. However, at counter the cashier handed over the said articles, without putting them into a carry bag, and when she had asked to provide the same, she was told that she had to buy it for Rs.24.90.  It has nowhere mentioned in entire shop/shopping Mall or outside the shop/shopping Mall that the costumers would have to pay for carry bags also. The complainant was having no other option that to purchase the carry bag for the additional cost of Rs.24.90, because it was not possible to carry all the articles without carry bag.  Hence, the present complaint.
3.           Upon notice, the OP appeared and filed written version wherein it raised preliminary objections to the effect that the OP is a Retail store and as such, it does not fall within the purview of 'service' as contemplated in section 2 (1) (o) of Consumer Protection Act;  this Commission has no jurisdiction to decide this complaint; the complaint is not maintainable as the goods have been delivered to the complainant as per the provisions of the Sales of Goods Act, 1930; no cause of action has arisen in favour of the complainant and this complaint has been filed with malafide intention; the complaint is totally frivolous and has been filed to challenge the charging of Rs.24.90/- for a Carry Bag etc. On merits, it has been stated that the said charges were taken only after the consent of the complainant. The product so purchased by the complainant is a PLAIN CLOTH CARRY BAG which is a re-useable Carry Bag. The Customers can bring their own Carry Bag to carry the shopped items after the billing of the items.  Further, as per Rule 10 of the Plastic Waste (Management and Handling) Rules, 2011, under the heading Explicit Pricing of carry bags, no Carry Bags shall be made available free of cost by retailers to consumers and the concerned Municipal Authority shall determine the minimum price for Carry Bags depending upon their quality and size, which covers their material and waste management costs in order to encourage their re-use so as to minimize plastic waste generation. As per rule 15 of the Plastic Waste (Management and Handling) Rules, there is a specific bar from making plastic bags available to customers free of cost and it is mandatory for retailers to charge for plastic Carry Bags. The main objective and intent of the Legislation behind such a direction was to limit and discourage indiscriminate use of plastic bags which are hazardous to our environment. To carry forward the intent of the legislation and also with the intention of contributing towards saving our beautiful Planet for our future generations the OP has placed Information Display Board/Notice at several places at the Stores starting from Entrance Gate to Billing Counter.  Thus, the OP is neither imposing upon nor compelling its customers to purchase the Carry Bag and selling the same by putting proper Notices in the Store and hence dealing same in a very fair & transparent manner. The aforesaid measures has been adopted by the OP across all Stores on Pan India basis and thereby contributing in internationally recognized principles of sustainable development duly recognized by the Govt. of India in Goal No. 12 in the UN Sustainable Development Goals 2030- to "Ensure sustainable consumption and production patterns" wherein Target for member countries Including India is "By 2030, substantially reduce waste generation through prevention, reduction recycling and reuse." There is no law as such which directs or binds any Shop Keeper to provide Carry Bags for free. Similar issued has also been dealt by the Hon'ble High Court of Gujarat in Writ Petition (PIL) No. 274 of 2012 & writ petition (PIL) No. 244 of 2012 in the matter of Consumer Education & Research Society Vs Municipal Corporation, Ahmadabad wherein both the Writ Petitions were dismissed. Also, the similar issue was also dealt by the Hon'ble Competition Commission of India in Case NO. 05 of 2015 titled as Shri Kamble Sayabanna Kallapa Vs. M/s Lifestyle International Private Limited wherein the Hon'ble Commission held that no prima facie case is made out against OP for contravention of the provisions of Section 4 of the Act." The case of the OP is covered under Section 36 of the Sales of Goods Act, 1930 and Section 14 of the India Contract Act, 1872. The Carry Bag was given only after necessary consent given by the Complainant. The consent has been given as contemplated by section 14 of the India Contract Act 1872. There is no question of any under influence, fraud or misrepresentation as defined under section 15 to 17 of the India Contract Act 1872. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with exemplary costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith document as Annexure C-1 and closed the evidence on behalf of complainant.  On the other hand, learned counsel for the OP tendered affidavit of Anoop Trivedi, Store Manager of the OP Company-Reliance Retail Limited (Deponent Company) having its Store at INCO Chowk, B-1, TP Scheme, Ambala City (HR) as Annexure OP-A alongwith documents Annexure  OP-1 to OP-6  and closed the evidence on behalf of OP.
5.           None put in appearance on behalf of the complainant on the date of arguments, and therefore, we have heard the learned counsel for the OP and have also carefully gone through the case file.
6.           Learned counsel for the OP submitted that the carry bag in  question was purchased by the complainant on her own wish, as she was having full knowledge of the fact that she has to pay additional amount towards  the same, which fact was evident to her from the banners displayed at certain places of the OP-shopping mall, as such, under those circumstances, the OP cannot be held liable for deficiency in service or guilty of adoption of unfair trade practice and was right in charging for the said carry bag.
7.           From the perusal of invoice dated 01.01.2022, Annexure C-1, it is evident that complainant purchased a cloth bag worth of Rs.24.90 alongwith other household items. It is the definite case of the complainant that she asked the OP for the said carry bag, as she was required to put the articles purchased by her from the OP-shopping mall. It is also clearly coming out from the document Annexure OP-1 to OP-6 that the OP has placed banner(s) at sufficient places of its store/mall displaying the message for its customers, wherein it has been clearly mentioned that in case the customer did not bring the carry bag, it can be made available on payment basis or in the alternative, they are allowed to bring their own carry bags. Relevant part of the said banner(s) is reproduced hereunder:-
   1. "We encourage you to bring your own carry bags.
   2. All bags to fill your loose staples and fruits & vegetables are totally FREE OF COST.
   3. In case you don't bring carry bag, it can be made available at our Stores at a charge.
   4. Purchase of carry bag is an option given to you & not a compulsion.

 

5. In case you are forced to purchase the carry bag at the counter, you may please bring it to the Notice of Store Manager.
6. As a responsible business, we make sincere efforts to reduce the usage of paper carry bags since it is detrimental to environment. We encourage you to reuse the carry bags since it is detrimental to environment.
7. We believe that it is our joint responsibility to ensure that environment is protected for present & future generations.

Let's pledge to save our beautiful planet"

 

8.           Admittedly, in the present case, the complainant did not take her own carry bag and opted for purchase of cloth carry bag on payment basis from the OP, for which she was having prior knowledge, as reflected on the said banner(s), as such, the OP cannot be said to be deficient in providing service or guilty of adoption of unfair trade practice, if it charged for cloth carry bag from the complainant.         
9.           For the reasons recorded above this complaint stands dismissed with no order as to cost. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

 

Announced:- 19.12.2023

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President