IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Smti S. Bora & Sri P. Das
Members
District Consumer Disputes
Redressal Forum, Sonitpur
CONSUMER COMPLAINT NO.16/2019
1.Sri Abhijit Kar : Complainant
S/o Sri Amalendu Kar
Resident of Vill: Polofiled bamungaon
P.O & P.S: Tezpur
Dist:Sonitpur, Assam-784001
Vs.
1.‘Reliance Trends’ Through the Manager : Opp. party
Imperial Parijat Complex
Main Road,P.O: Tezpur
Dist:Sonitpur, Assam-784001
Appearance:
Complainant himself. : For the Complainant
None : For the Opp. party
Date of argument : 01/11/2019
Date of Judgment : 19/11/2019
J U D G M E N T
- The case, in brief, is that Complainant Sri Abhijit Kar, on 01-05-2019 visited the shop premises of the opp. party with a view to purchase clothes and on selection had purchased the same for consideration and bill/invoice of Rs.1,603/- issued by the Cashier. The Cashier of the opp. party handed over the clothes in a bag bearing the name of the opp. party “Reliance Trends”. The Complainant had no intention to purchase the carry bag, cost of which is Rs.5/- which was included in the bill of Rs.1,603/-. It was the duty of the opp. party to provide carry bag as it was meant for the opp. party’s advertisement. Hence, it was unfair trade practice, Complainant asserted and therefore, the Complainant has prayed for refund of Rs.5/- i.e, price of the bag charged and compensation and litigation cost of Rs.5,000/-.
- The opp. party contested the case by filing written version stating that purchase of carry bag is entirely optional and voluntary act by a consumer. It is further stated that “None of the cloth items comes with any package or with any Company bags from the manufacturer” It is stated that the Cashier at the billing counter always ask the customer
whether he has brought his own carry bag or he wish to purchase from the store for his convenience. If the customer wishes or choose to buy the carry bag, then, the bag is sold like any other merchandise available in the store. The answering opp. party denied the allegation made by the Complainant that he was forced to purchase carry bag at the store. It is further stated that the Complainant is silent about the quality of goods sold to establish a case of unfair trade practice. Thus, the answering opp. party by denying all the allegation made by the Complainant in the complaint, prayed to dismiss the complaint with cost.
- Complainant has submitted his evidence on affidavit as a sole witness, exhibiting the bill of opp. party as Ext-1. Opp. party has not turned up to cross-examine the witness nor adduced any evidence from their side. Complainant has submitted written argument.
We have gone through the entire materials on record and also perused the written argument submitted by the Complainant.
The points for determination are :-
i)Whether there is unfair trade practice on the part of the opp. party ?
ii)Whether the Complainant is entitled to get reliefs as prayed for ?
- The dispute has been for charging cost of Rs.5/- for carry bag which bore the name of the opp. party “Reliance Trend”. The purchase of the item along with the sale of carry bag to the Complaiant is not disputed as per statement put forth by the opp. party. The answering opp. party stated that “ the sale agent/cashier at the billing counter always ask the customer whether he has brought his own carry bag or he wish to purchase from the store itself, only then it is sold like any other merchandise available in the store”. But inspite of getting sufficient opportunity, the answering opp. party failed to substantiate their claim either by cross-examining the Complainant or by adducing evidence on behalf of them. The answering opp. party after filing the written version did not turn up to substantiate the claim that on 01-05-2019, the Cashier at the billing counter asked the Complainant whether he has brought his own bag. The opposite party could have easily examined the Cashier as witness. But without assigning any reason, the opposite party has withheld this very material witness. For withholding such very materials witness, adverse inference can be drawn against the opp. party that- had the Cashier been examined, he would not have supported the version of the opposite party.
- The Complainant in its written argument stated that he had no intention to purchase the carry bag containing the logo of the opp. party. But the opp. party forced him to be an advertising agent of the opp. party at his cost which, in our opinion amounts to unfair trade practice.
- Ld. counsel for the Complainant has placed reliance on the judgment passed by Hon’ble State Consumer Disputes Redressal Commission, U.T Chandigarh in Appeal No.98 of 2019 (Bata Ltd. Vs. Dinesh Prasad Ratur) which was decided on 22-07-2019 wherein it was held that “One cannot be expected to take the goods/garments purchased in hands. We are shocked to see the kind of services provided by Malls or Showrooms. On one side huge discounts are given rendering upto 70% on products by these shops/showrooms etc. and on the otherhand, they are charging for a carry bag and could not give it free of cost to its worthy consumer”. It is to be mentioned here that except the big Malls and Showrooms, the retail shop keepers and vendors provide carry bag without any logo or with logo free of cost with the garments/goods purchased, to the customers.
- Thus, we are of the opinion that opp. party with intention to promote the sale, used to sell its carry bag bearing the brand name of opp. party “Reliance Trends”. Thus, firstly charging for a bag and secondly putting the logo, i.e, “Reliance Trends” for advertisement to promote sale through the consumer, is found to be a case of unfair trade practice on the part of the opp. party. Thus, in our considered opinion, there is unfair trade practice on
the part of the opp. party in compelling the Complainant to purchase the carry bag worth Rs.5/- and by adopting unfair trade practice opp. party is minting lot of money from all consumers. In our considered opinion the Complainant is entitled to some sort of relief.
- The Complainant has prayed for refund of Rs.5/- as the price of the carry bag charged, and Rs.5,000/- as compensation and litigation cost, total being Rs.5,005/-.
- Having regard to the entire discussion made above and as the Complainant is an advocate by profession, we deem it fit and proper to pass an order for lump sum amount of Rs.2000/- (Rupees Two thousand) only as compensation for harassment and cost. Further, the opposite party is directed not to realise cost for carry bag provided by it to the consumer for carrying goods/items purchased.
ORDER
In the result, the complaint is allowed. Opp. party is directed to pay Rs.2000/-to the Complainant within 30(thirty) days of receipt of copy of the judgment and order. In default, interest @6% shall be levied on the awarded sum from the date of this order. Further, the opposite party is directed not to realize cost for carry bag provided by it to the consumer for carrying goods/items purchased.
Given under our hands and seal of this Forum this 19th.day of November, 2019.
Written for the Forum by:-
(Smti Sangita Bora )
Member,
District Consumer D.R Forum
Sonitpur,Tezpur
We agree:- (SMT A. DEVEE)
President
District Consumer Disputes Redressal Forum
Sonitpur,Tezpur
(Sri P.Das)
Member(Gen)
