23.09.2024: C.R is put up as directed

                This case has been proceeding exparte for default of the opp. party to appear and file its W/V within the statutory time limit. We therefore, dispense with any elaborated judgment with discussion and move on to dispose of the case by this concise Order.

The point for adjudication, which appears to rest on the limitedly precise issue in the instant case is- whether the opp. party was obligated to provide free carry bag in purchase of commodity from its store?

Having carefully gone through the materials made available on record and the argument put forth in the case ,we find the case lacking merit on the following counts:-

(a)  Save and except the grouse under the complaint petition that complainant had no intention and was forced to purchase the carry bag worth Rs.9.00 as reflected in the Tax Invoice No.U1VE10222505163 DTD 06.05.2022 (Ext-1) issued by opp. party, there is but nothing on record, either as an evidence to the effect that complainant protested, refused/rejected the proposal of opp. party for the priced carry bag on ground of having carried his own bag, and eventually confronted with any consequence thereof.

(b) Even the object of dispute has not been produced and exhibited before the Commission.

(c) It is not the case of the complainant under his complaint petition or evidence on affidavit that he was or would have been, refused and or deprived of his right to purchase commodities from  the opp party’s store in the event of refusal to purchase carry bag from the opp. party. It is therefore, suggestive of the fact that complainant footed the bills without significant protest, being well aware of inclusion of the price of the carry bag therein.

(d) No case law has been cited making it obligatory for the opp. party Store to provide free carry bag to its visitor-customers.

So when nothing incriminatory has been made out against the opp. party, the case of the complainant prima facie fails and accordingly stands dismissed in limine.