THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 102 of 2019

 

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.S. East Agartala, 

P.O. Dhaleswar (799007),

District- West Tripura. ...….................Complainant.

 

 

-VERSUS-

 

 

1. Store Manager,

Vishal Mega Mart,

H.G.B. Road, Melarmath,

Opposite SBI Agartala Branch,

P.S. West Agartala, P.O. Agartala, 

West Tripura, Pin- 799001.

 

2. Manager,

Airplaza Retail Holdings Pvt. Ltd.

Plot No.184, Platinum Tower,

5th Floor, Udyog Vihar,

Phase I, Gurugram,

P.S. Udyog Vihar,

Haryana- 122016. ..................Opposite Parties.

 

 

     __________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.  : Sri Sampad Choudhury,

  Learned Advocate.

 

 

JUDGMENT  DELIVERED  ON :  23.06.2021

 

 

J U D G M E N T

The Complainant's case in short is that the  complainant on 26.11.2019 went to the Vishal Mega Mart shopping mall, Agartala for purchasing some household articles and wearing apparel and after purchasing these articles proceeded to the bill counter for cash memo then the staff of the counter told him to pay more Rs.14/- for carry bag bearing advertisement of Vishal Mega Mart. Though he had no intention to purchase the bag but he was forced to pay for the carry bag by saying that carry bag is mandatory and also misbehaved with him. He made contact with the store manager of the mall but from where also he did not get any proper response. Moreover they told that its the rule of the shopping mall if any customer purchase any items then he have to pay cost of the bag for carrying the goods. He requested the staff of the counter to remove the extra charge of Rs.14/- but they shoutedly told him that rectification of bill is not possible and returned the articles and take the money. As the house hold articles are necessary for him he was forced to pay Rs.14/- extra as the heading carry bag charge in cash memo/ invoice. It is also stated by the complainant that he had to suffer mental pressure, agony and faced harassment in front of other customers which was unbearable to him and beyond expectation from such a reputed shopping mall. Thus, he filed this case claiming compensation of Rs.40,000/-, Rs.30,000/- for negligence and deficiency of service and Rs.15,000/- for mental agony and pain and also seeking redress from the O.P.  Hence this case.

 

2. On the other hand O.P. also appeared and contested the suit by way of filing written version. In the written version O.P. stated that the complaint is liable to be dismissed on the sole ground that the complainant has tried to mislead the commission and O.P. did not compel the complainant to purchase the carry bag. The complainant purchased the carry bag at his won suit will and his desire. Thus, they prayed for dismissal of the complaint.  

 

3. EVIDENCE ADDUCED BY THE PARTIES:-

Complainant submitted examination in chief on affidavit.  He also produced the cash memo invoice marked as Exhibit -1 and carry bag marked as Exhibit- M.O. 1.

On the other hand, O.P. submitted examination in chief on affidavit of one witness namely Sumeet Chakma,  Employee of the Vishal Mega Mart Shopping Mall. O.P. Also produced 3 documents which are marked as Exhibit- A Series.

 

4. POINTS TO BE DETERMINED: - 

(ii) Whether the O.P. indulged into unfair trade practice?

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

 

5. ARGUMENTS: - 

Complainant at the time of arguments submitted that earlier this Commission passed a judgment against Big Bazar for charging Rs.5/- extra for carry bag. And that judgment was upheld by the Hon'ble State Commission. So, the judgment of the state Commission will be binding in this case. On the other hand learned counsel of the O.P. submitted that there are decisions of other State Commissions as well District Commission that the seller is not bound to supply carry bag and there is no hard and fast rule in respect of charging against carry bag. 

 

DECISION AND REASONS THEREOF:-

6.               The complainant filed affidavit in chief and also exhibited  the cash memo including the bag. Complainant at para-4 of his examination in chief stated that he went to the bill counter for rectification of the bill and requested to the staff of the cash counter to remove the extra charge of the carry bag but suddenly the staff of the cash counter shouted upon him infront of the customer of the mall. At para-5 it is stated that due to the behaviour of the staff of the shopping mall he had to suffer mental pressure and agony and faced harassment infront of the other customer which was unbearable to him and beyond expectation from  such as reputed shopping mall. 

7. After going through the cotton bag which has been annexed with the complaint we find that on the surface of the bag advertisement of the Vishal Mega Mart has been shown. By doing so the O.P. according to us has utilized the complainant consumer as their advertising agent on the bag having been paid by the complainant himself. 

8. Based on the above evidence we are of the opinion that there is unfair trade practice on the part of the O.P.

  In view of the discussions made above we find and hold that the complainant has succeeded in establishing this case u/s 12 of the Consumer Protection Act, 1986. We find that Vishal Mega Mart, Hariganga Basak Road, Melarmath was guilty of committing unfair trade practice.

9. Accordingly, we order the O.Ps to refund Rs.14/- being the price of the bag and also to pay Rs.7000/- as compensation for unfair trade practice adopted by them and also Rs.3000/- as cost of litigation. The complainant is accordingly entitled to get Rs.10,014/-(Rs.7,000/- + Rs.3,000/-+ Rs.14/-) . The payment is to be made within 2(two) months from the date of judgment, if not it will carry interest @ 9% P.A.                            

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

 

Announced.

 

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.