DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 77 of 2020

 

Sri Mridul Kanti Arya,

S/O. Sri Bhagirath Ch. Arya,

C/O. Indra Mohan Debbarma,

A.A. Road, Radha Madhav Sarani,

Opposite of Tarun Sangha Club,

P.O.-Dhaleswear, P.S.-East Agartala, PIN-799007,

Dist.-West Tripura, Agartala…...................................................................Complainant.

 

 

 

-VERSUS-

 

 

1. Store Manager,

STOP N SHOP

Departmental Store,

Advisor Chowmohani, Krishnanagar,

P.O.-Agartala, P.S.-West Agartala, Pin-799001,

Dist.-West Tripura ….......................................................................... Opposite Party.

 

 

 

       __________PRESENT__________

 

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

 

 

DR (SMT)  BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION 

  WEST TRIPURA,  AGARTALA.

 

 

 

C O U N S E L

 

 

For the Complainant : In-person.

 

 

For the O.P.  : Smt. Ranasree Pal,

  Constituted Attorney. 

 

 

JUDGMENT  DELIVERED  ON : 30 /06/2021.

J U D G M E N T

          The Complainant Sri Mridul Kanti Arya, set the law in motion by presenting the complaint petition U/S 12 of the Consumer Protection Act, 1986  complaining against the O.P. for deficiency of service. 

The Complainant's case, in brief, is that the Complainant purchased on 02/10/2020 some household grocery goods from “Stop N Shop” Shopping Mall, Departmental Store, Advisor Chowmohani, Krishnanagar, Agartala. Thereafter he went to the bill counter for payment of the goods, the staff of the bill counter took carry bag from their own for the purpose of packing of those purchased articles without asking him in order to bring it in the complete deliverable state,so that its physical possession could be handed over to him. But surprisingly the staff of the cash counter told him to pay extra Rs.4/- for carry bag. Thereafter, he made contact with the Store Manager of the mall but from where also he did not get any proper response of extra charge for carry bag and he also enquired on what basis they charged for Rs.4/- for low quality carry bag and also asked them to provide him any circular regarding that issue but they did not pay any attention of his queries. He again went to the bill counter for rectification of bill and requested the staff of the cash counter to remove the extra charge of carry bag but surprisingly the staff of the cash counter loudly told him in front of the other customers of the mall that rectification of bill is not possible. As a result he had to suffer mental pressure, agony and faced harassment infront of the other customers which was unbearable to him. Hence, there is a clear deficiency in service on the part of O.P. namely “Stop N Shop” Shopping Mall, Departmental Store, Advisor Chowmohani, Krishnanagar, Agartala. 

So, being aggrieved and dissatisfied by the conduct of the O.P.,  the Complainant alleging deficiency of service has filed this complaint before this Commission claiming Rs.85,000/-(Rs.40,000/- + Rs.30,000/- + Rs.15,000/- )  as deficiency of service and as compensation for causing harassment, negligence and  mental agony  from the O.P.  

Hence this case. 

2. On the other hand O.P. contested the case by filling written statement. 

        In the written statement the O.P. submitted para-wise reply to the complaint in seriatim. Mostly, O.P. denied and disputed the averments made in the complaint.  

      In the written statement it is also stated that none of the customers are forced to buy any carry bag. It is a routine procedure to restrict every kind of bag outside the mall for various security measures and a poster display above the cash counter displaying that “Bring Your own bag”. It is submitted that complaint is not maintainable in its present form and nature. 

EVIDENCE ADDUCED BY THE PARTIES:-

Complainant has examined himself as PW-I and he has submitted his examination-in-Chief by way of Affidavit. In this case the complainant produced the Cash Memo and the Carry bag which are marked as Exhibit-I and M.O.1. 

         On behalf of the O.P. one witness namely Smt. Ranasree Pal, D/O. Shri Ranjit Pal, resident of College Tilla, Professor Para was examined.  O.P. has produced 3 documents comprising 4 sheets under a Firisti dated 21/12/2020. The documents are namely Trade license of STOP N SHOP in the name of Mrs. Kaushika Debbarma, Power of Attorney, executed by Mrs. Kaushika Debbarma, Sole Proprietor of STOP N SHOP infavour of Miss Ranasree Pal & Copy of Notice displayed in the entrance of STOP N SHOP. On identification the documents are marked as Exhibit-A series.               

POINTS TO BE DETERMINED:-

    On perusal of the pleadings of both parties and having regard to the evidence adduced by the parties, the following points are to be determined:

    (i). Whether there is deficiency of service on the part of the O.P. towards the Complainant?

    (ii) Whether the complainant is entitled to get any compensation/ relief as prayed for?     

                             

ARGUMENTS OF BOTH SIDES 

      At the time of argument the Complainant submitted that there was a similar case and the judgment passed by this Commission in C.C.-46/2019 and the judgment was delivered on 25/09/2019 in favour of the Complainant. The O.P. preferred an appeal against the judgment before the Hon'ble State Commission and it was numbered as case No.A-1/2020 and the Hon'ble State Commission also affirmed the judgment of this District Commission. So the Complainant is entitled to get same treatment. The Complainant also relied upon a decision of the Hon'ble National Consumer Disputes Redressal Commission and by that judgment 14 Revision Petition were disposed of by common judgment dated 22/12/2020. The Hon'ble National Commission also held that charging of additional cost for carry bag to carry the goods purchased by the consumer will be treated of deficiency in service and unfair trade practice on the part of the O.P. 

                On the other hand Learned Counsel of the O.P. submitted that customers will have to bring their carry bag for shopping purpose and there is no law under which O.P. is required to give a shopping bag free of cost to its customers. Learned Counsel of the O.P. submitted to dismiss the complaint as devoid of merit.                                

DECISION AND REASONS FOR DECISION:                                     

        Both issues are taken up together for the convenience.

        There is no dispute in respect of charging of Rs.4/- for a plain plastic  bag. From the exhibited documents i.e. the Cash Memo or Invoice, we find that the O.P. charged Rs.4/- for a plain plastic bag. From the Examination-in-Chief submitted by one Smt. Ranasree Pal as a OPW-I, we find that customers are not forced to buy any carry bag and they were asked to bring their own bag. In this regard, it is very much clear that in the complaint petition at Para-2 the Complainant stated that the shopping mall(O.P.) did not allow him to enter into their premises with a carry bag. It is also stated that the staff of bill counter took the carry bag from their own for the purpose of packing of this purchased articles without asking the Complainant. The Complainant in support of his complaint adduced examination-in-Chief on Affidavit and he has reiterated the alleged fact in his evidence. He further stated that he was forced to pay Rs.4/- extra for the carry bag.        

              We have perused the decision of the Hon'ble State Commission passed in case No.A-1 of 2020 (Big Bazaar Vs. Monojit Saha). The Hon'ble State Commission upheld the judgment passed by this Commission in a similar case where Rs.10/- was charged for a paper carry bag by the Big Bazaar shopping mall. Relying upon the above judgment we are in the opinion that the O.P. is guilty of committing deficiency in service and charging extra amount for the carry bag and also amounts to unfair trade practice. 

7.            So, we hold that the Complainant has been able to prove his case U/S. 12 of the Consumer Protection Act, 1986. Accordingly, we give a direction to the O.P. to refund the amount of Rs.4/- which was charged for carry bag and also Rs.7,000/- as a compensation and Rs.3,000/- as a cost of litigation i.e. in total of Rs.10,004/-(Rs.7,000/- + Rs.3,000/- + Rs.4/-). 

              The O.P. is directed to make the payment within 1 month from the date of judgment, if the payment is not made within 1 month then it will carry interest @ 9% per annum till the payment is made in full.        

Supply a certified copy of the judgment to both the parties free of cost. 

 

    Announced.

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

  DR  (SMT)  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA