Chandigarh

DF-I

CC/339/2019

Sandeep Aggarwal - Complainant(s)

Versus

Shoppers Stop Ltd. - Opp.Party(s)

In Person

17 Oct 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/339/2019
Date of Institution	:	07/05/2019
Date of Decision	:	17/10/2019

 

Sandeep Aggarwal, Advocate, son of Shri J.N. Aggarwal, Resident of House No.1105, Sector 12-A, Panchkula.

…..Complainant

 

V E R S U S

 

Shoppers stop ltd., through its Manager/ General Manager, Elante Mall, Plot No.178-178A, Industrial & Business Park, Phase-I, Chandigarh.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	Sh. Chanderdeep Singh, Counsel for Opposite Party.

 

Per Surjeet Kaur, Member

1.           Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, complainant had purchased one Kurta on 16.03.2019 from the Opposite Party against consideration of Rs.1899/-. The Opposite Party had charged Rs.5/- for paper carry bag though the complainant did not intend to purchase it. As such, alleging that there has been unfair trade practice on the part of Opposite Party as the carry bag was never intended to purchase by complainant. Hence, prayed for compensation with costs of litigation.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded it had asked the complainant to carry the article purchased in hand or by way of carry bag and on his consent carry bag was sold to him for Rs.5/-. Complainant opted for its purchase. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Complainant in person and Sh. Chanderdeep Singh, Counsel for the Opposite Party.
6.         During the course of arguments, Ld. Counsel for Opposite Party has fairly conceded that the Opposite Party on learning through newspapers that charging of carry bags with its logo/name on it, has been held to be unfair trade practice by this Forum, has stopped charging for the carry bags with effect from 19.04.2019. The purchase of the Complainant was prior to that, when the Opposite Party was not aware of the same and was charging for the carry bags with its name printed on it, under a mistake. The making of such a statement shows that Opposite Party has remorse and repentant on its mistake and amount of carry bag charged under mistaken belief. We feel that if somebody learnt a lesson then a lenient view is taken qua that person. Thus, on this account, taking a lenient view, we deem it proper not to impose any punitive costs on the Opposite Party.
7.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.5/- wrongly charged for the paper carry bag;

(ii)    To pay Rs.500/- 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.      

 

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the amounts at Sr.No. (i) & (ii) to the complainant along with interest @7% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii) above.

 

8.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
17/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”