IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SONITPUR AT TEZPUR
District: Sonitpur
Present: Smti A. Devee
President,
District Consumer D.R Forum,
Sonitpur, Tezpur
Smti S.Bora & Sri P.Das
Members
District Consumer Disputes
Redressal Forum, Sonitpur
CONSUMER COMPLAINT NO.26/2019
1.Sri Rajiv Majumdar : Complainant
S/o Late Bani Mazumdar
Resident of Village: Kacharigaon
P.O & P.S: Tezpur
Dist:Sonitpur, Assam-784001
Vs.
1.Style Bazar, Through the Manager : Opp party
Baazar Style Retail Pvt. Ltd.
Mohidar Bora Road, Ward No.10
P.O: Tezpur
Dist:Sonitpur, Assam-784001
Appearance:
Complainant himself. : For the Complainant
None : For the Opp. party
Date of argument : 31/10/2019
Date of Judgment : 15/11/2019
J U D G M E N T (ex parte)
- The case of the Complainant, in brief, is that on 17/07/2019 he purchased cloths for Rs.182/- from the opposite party. The cashier of the opp. party handed over the clothes to him in a carry bag bearing the name of the opposite party and realised Rs.2/- against the carry bag, which was included in the bill. Alleging that the complainant had no intention to purchase carry bag and that the opposite party was duty bound to provide carry bag free of cost and instead, in realising the price from the complainant, had thereby.
adopted unfair trade practice by forcing the complainant to pay price of the carry bag and simultaneously using the consumer/complainant as an advertising agent of the opposite party at the cost of the complainant.
Being aggrieved, the Complainant has therefore, prayedRs.5000/- as compensation and refund of Rs.2/- i.e, cost of the carry bag from the opposite party.
- Opp. party failed to contest the case despite notice being duly served through its Manager and sufficient opportunity given and finally exparte proceeding was ordered vide order dated 11/09/19. Complainant examined himself as sole witness on affidavit, exhibiting the bill of opposite party as Ext-1.
We have carefully considered the facts and circumstances giving rise to the dispute together with written argument filed by the Complainant.
- Now, we have to decide – whether the opposite party adopted unfair trade practice by selling carry bag with its logo for carrying goods purchased from it by the Complainant ?
- The Complainant, by adducing evidence as C.W.1, proved his case that on 17/07/2019 he had purchased cloth for Rs.182.00. Ext-1 is the Bill. Vide Ext-2, the opposite party realised a sum of Rs.2/- for the carry bag. The carry bag, which he had no intention to purchase, contained the name of the opposite party “Style Bazar”. Such evidence remained unrebutted and unchallenged.
- The Complainant, advancing his argument submitted that he was forced by the opposite party to be an advertising agent of the opposite party by carrying a bag containing its logo. But at the sametime, he was compelled by the opposite party to pay for the carry bag. The practice adopted by the opposite party comes within the purview of the definition of ‘Unfair Trade Practice’, the Complainant asserted. The Complainant has placed reliance on a judgment of the Hon’ble State Consumer Disputes Redressal Commission, U.T Chandigarh in Appeal No.98 of 2019 (Bata Ltd. Vs. Dinesh Prasad Raturi) decided on 22/07/2019.
- Generally, except big malls like the opposite party, the other vendors used to provide carry bags without any logo or with logo to the consumers, for putting items/goods purchased, free of cost.
- From the materials available on record, we have found that the opposite party, with intention to promote its sale, used to sell carry bag containing its brand name “Style Bazar”. Such practice, in our considered opinion, comes within the definition of Section 2(r) of the Consumer.
Protection Act. Thus, it is held that the Complainant has proved his case and therefore, is entitled to receive back the price of the carry bag with compensation and cost of litigation.
- The Complainant has prayed for Rs.5000/- as compensation and litigation cost. Having regard to the entire discussion made above and as the Complainant is an advocate by profession, we deem it fit and proper to pass order for lump sum amount of Rs.2000/- (Rupees Two thousand) only as compensation for harassment and cost. Further, the opposite party is directed not to realize cost for carry bag provided by it to the consumer for carrying goods/items purchased.
ORDER
- In the result, the complaint is allowed. Opp. party is directed to pay Rs.2000/-to the Complainant within 30(thirty) days of receipt of copy of the judgment and order. In default, interest @6% shall be levied on the awarded sum from the date of this order. Further, the opposite party is directed not to realize cost for carry bag provided by it to the consumer for carrying goods/items purchased.
Given under our hands and seal of this Forum this 15th.day of November, 2019.
Dictated and corrected by: Pronounced and delivered by :
(SMT.A. DEVEE)
President (SMT A. DEVEE)
District Consumer Disputes Redressal President Forum,Sonitpur,Tezpur District Consumer Disputes Redressal Forum
Sonitpur,Tezpur
We agree:- (Smti S. Bora ) (Sri P.Das)
Member(F) Member(Gen)
