Delhi

East Delhi

CC/222/2019

AMIT KR. TRIPHATI - Complainant(s)

Versus

RELIANCE TRENDS - Opp.Party(s)

25 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.222/2019

 

	AMIT KUMAR TRIPATHI ADVOCATE CH. NO.D-306, KARKARDOOMA COURTS, SHAHDARA , DELHI - 110032	….Complainant
Versus
	M/S RELIANCE RETAIL LTD. THROUGH ITS MANAGING DIRECTOR,     M/S RELIANCE TRENDS, THROUGHT ITS STORE MANAGER, BOTH HAVING OFFICES AT :- UNITY ONE MALL, GROUND FLOOR, PLOT NO.29&31, CBD SHAHDARA, NEAR KARKARDOOMA COURTS, DELHI - 110032	……OP

 

Date of Institution	:	18.07.2019
Judgment Reserved on	:	25.08.2023
Judgment Passed on	:	25.08.2023

         

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

Order By: Shri S.S. Malhotra (President)

 

 

 

JUDGMENT

1. By this order the Commission shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency of service while charging Rs.7/- by the OP against the carry bag. 
2. Brief facts as stated by the Complainant in the complaint are that on 05.06.2019 he purchased two items i.e. play t-shirt and one team spirit track pant worth Rs.599/- and Rs.993/- from OP2 and when he reached the billing counter the concerned billing clerk charged Rs.7/- for carry bag which he could not have charged and which he illegally charged from him and he paid the same under compelled circumstances which amounts to deficiency in service and it is interalia prayed that OP be directed to return Rs.7/- along with compensation of Rs.25,000/- as cost.
3. The OP has filed its written statement taking so may objections interalia that complainant is abuse of the process of law, it is without any cause of action, it has been filed just to enrich himself by the complainant and it is interalia mentioned that the carry bag is a saleable item which the OP keeps at its sale profile after purchasing the same from the open market as per agreement, and then it is always optional for a person either to purchase a carry bag or not and in any case no person is compelled to purchase a carry bag.  In the present matter the complainant himself purchased the carry bag and was billed accordingly and therefore there was no deficiency on the part of the OP.  Even as per the outlet policy of the OP it is specifically mentioned that in case you don’t bring carry bag it can be made available at the store after charging the price, the purchase of carry bag is an option and not a compulsory and in case any one is forced to purchase a carry bag at the counter he may bring it to the notice of store manager and it is further submitted that since no complaint was made by the complainant to the store manager then and there, the complaint is bereft of any merit , after thougt, malafide and is liable to be dismissed.  After mentioning number of cases, it is inter alia stated that the complaint of the complainant is not maintainable and is liable to be dismissed. 
4. The Complainant has not filed Rejoinder and has filed evidence only. 
5. OP has filed evidence of Sh. Satender Singh Rawat, the store manager of OP1. 
6. Both the parties have reiterated the contents of their own pleadings in the affidavit. 
7. The Commission has heard the arguments and perused the record. 
8. The Counsel for the Complainant has filed written arguments and has stated that his written arguments be read as oral arguments and he basically has relied upon one judgment i.e. Bata India Ltd. V/s Dinesh Prasad which was initially passed by Hon’ble District Commission Chandigarh.  In the said judgment the Hon’ble District Commission Chandigarh passed the following order:

In the light of above observations, we are of the view that the present complaint of the complainant deserves to succeed against the OP and the same is allowed qua it.  The OP is directed:-

 

1. To provide free carry bags to all customers forthwith who purchase articles from its shop and stop unfair trade practice i.e. to charge for carry bag;
2. To refund to the complainant the amount of Rs.3/- wrongly charged for the paper carry bag;
3. To pay Rs.3000/- to the complainant towards compensation for mental and physical harassment;

 

9. OP in this case filed an appeal before the Hon’ble SCDRC Chandigarh and  the Hon’ble SCDRC has observed in Para 12 and 13 as under:

Para 12

Counsel for the appellant/opposite party vehemently argued that the purchase of bag is entirely optional and is a voluntary act by a consumer and further the customers cannot bring their own carry bags or bags containing items/goods purchased from other shops. It may be stated here that the argument raised is totally absurd and vague and against the interest of consumers. On one hand, purchase of carry bags is made optional & voluntary and on the other hand, the consumer/customer is not allowed to enter the shop with empty carry bag or carry bag containing some goods purchased from other shop premises. By adopting above practice, the appellant/opposite party left the respondent/complainant with no other option with her but to buy the carry bag alongwith the goods purchased, to carry such goods from the shop-premises. 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/opposite party is deficient in providing due service and also indulged into unfair trade practice. One cannot be expected to take the goods/garments purchased in hands. We are shocked to see the kind of services provided by these big Malls or Showrooms. On one side huge discounts are given ranging up-to 70% on the products by these shops/showrooms etc, and on the other hand, they are charging for a carry bag and could not give it free of cost to its worthy consumers."

Para 13

The next argument of Counsel for the appellant/opposite party that there is no prohibition on the appellant/opposite party to charge for the carry bag is also not sustainable in the eyes of law and observations given by us in the earlier part of the judgment. As already held. charging for a carry bag is against the interest of the consumers and particularly in view of argument raised by the Counsel for the appellant/opposite party that purchase of bag is entirely optional and a voluntary act and further the customers cannot bring their own carry bags or bags containing items/goods purchased from other shops, which we have already rejected in the preceding paragraph

10. Keeping in view the said judgment Ld. Counsel for complainant has argued that the law therefore by now is well settled that OP cannot charge for the amount of the carry bag in which the product sold is to be taken out by and in case he intends to charge he has to make a specific display at the various places in the store that the carry bags are saleable in nature. 
11. The OP in rebuttal of the arguments has not filed any evidence that it has displayed all these sign boards at various places in the store.  No photograph has been filed that such information has been given to the consumers by way of open circulation.  Even otherwise there is no specific document filed on record that carry bags are saleable or have been kept at a particular counter.  There is nothing like this to rebut the contention of the complainant from the OP side. 
12. Therefore, keeping in view the law settled, the Commission is of the opinion that OP cannot charge any amount for carry bag particularly for those articles which have been purchased from the store itself and charging any amount from customer amounts to deficiency in service. 
13. The Commission therefore holds that there is deficiency in service and is directing as follows:

• OP would return Rs.7/- as cost of carry bag.
• OP would pay Rs.3000/- as compensation for mental and physical harassment including litigation charges. 

This order be complied with within 30 days from the date of receipt of the order and if the amount is not paid within 30 days, the OP would pay interest @ 9% p.a. from the date of filing the complaint till actual payment.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.    

Announced on 25.08.2023.