DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 94 of 2020.

 

Miss. Tista Nath,

D/O. Shri Goutam Kumar Nath,

R/O. Indranagar, 

P.O.-Kunjaban, Pin-799006,

P.S.-New Capital Complex, Agartala, 

Dist.-West Tripura ….........................................................................Complainant.

 

 

  -VERSUS-

 

 

The Manager,

Bazar India Showroom,

Located at Radhanagar Bus Stand, Agartala,

P.O.Agartala, P.S.-West Agartala.  

Dist.-West Tripura, Pin-799001....................................................... 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.

 

 

SRI SAMIR  GUPTA

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 Ratul Sukla,

     (Authorized Representative).  

 

JUDGMENT  DELIVERED  ON :   11/ 10/2021.

J U D G M E N T

          The Complainant Miss Tista Nath, set the law in motion by presenting a petition U/S 35 of the Consumer Protection Act, 2019 complaining deficiency of service by the O.P.

The Complainant's case, in brief, is that the Complainant purchased selected 8(eight) items of dress & others which was bearing Cash Memo/Invoice No.A78/CM/10-20/027923 & another HSN Code No.6305 from “Bazar India” Shopping Mall, at Radhanagar Bus Stand, Agartala on 20/10/2020. Thereafter she went to the bill counter for payment and the staff of the bill counter took a carry bag from their own for the purpose of packing of those purchased articles. But surprisingly the staff of the cash counter told her to pay extra Rs.5/- for a carry bag in which there was advertisement of “Bazar India”. Thereafter, she made contact with the “Bazar India” authority to provide carry bag free of cost, for the purchased goods /articles from their shop.  But no response as a result she had to suffer mental pressure, agony and faced harassment infront of the other customers which was unbearable to her. 

So, being aggrieved and dissatisfied by the conduct of the O.P.,  the Complainant alleging deficiency of service has filed the instant complaint before this Commission for deficiency of service and  compensation for causing harassment, negligence, mental agony.

 

2. On admission of the complaint notice was issued upon the O.P. But the O.P. after receiving the notice did not turn up and consequently the case was proceeded ex-parte against them vide order dated 09/08/2021. 

EVIDENCE ADDUCED BY THE COMPLAINANT:-

 

3. The Complainant examined herself as PW-I and submitted her examination in chief by way of affidavit. She has produced 05 documents comprising 11 sheets under  Firisti dated 19/11/2020 & 18/12/2020. The documents on identification have been marked as Exhibit – 1 Series and M.O.-1. 

 

4.    POINTS TO BE DETERMINED:-

  On perusal of the Complainant and having regard to the evidence adduced by the Complainant, 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?    

 

5.          ARGUMENTS OF BOTH SIDES :-          

      At the time time of argument the Complainant submitted that the O.P. charged Rs.5/- for a carry bag which was not purchased by the Complainant on 20/10/2020. At the time of purchasing some items of dress etc. from the shopping Mall of the O.P. extra Rs.5/- was charged for a carry bag which is an unfair trade practice. She further submitted that on the body of the carry bag there was an advertisement of “Bazar India” and charging of Rs.5/- for the said carry bag was totally illegal and she has submitted the carry bag concerned and it was marked Exhibit-M.O.-I. The Complainant argued that she has been able to prove her complaint by adducing sufficient evidence. 

          On the other hand Authorized Representative of the O.P. could not submit any argument against the submission of the complainant.    

6.     DECISION AND REASONS FOR DECISION:                                     

        Both the points are taken up together for the convenience.

         It is an ex-parte proceedings. We have to see whether the Complainant has been able to prove her complaint by way of adducing evidence. The Complainant filed affidavit-in- chief and also exhibited the cash memo including the bag. The Complainant in her examination-in-chief stated that on 20/10/2020 she visited the shopping mall of the O.P. for purchasing for some selected items of dress and she paid an amount of Rs.2,270/- through e-banking(Google pay) for the said items. It found that the cashier had charged an additional amount of Rs.5/- for a carry bag without her consent. It is also found that the carry bag had with logo of “Bazar India” for promoting sales of their Organization at the cost of the Complainant. From the exhibited material i.e. M.O.-I we found that the bag bears an advertisement of the O.P. shopping mall. The exhibited documents also speak that the O.P. charged extra Rs.5/- for the carry bag. 

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

 

7.              In view of the discussion made above we found that the Complainant had succeeded in establishing her case                  U/S. 35 of the Consumer Protection Act, 2019. We also found that O.P. “Bazar India” located at Radhanagar Bus Stand, Agartala was guilty of unfair trade practice. Accordingly, we order that the O.P.  to refund the amount of Rs.5/- which was charged for a carry bag and also to pay Rs.7,000/- as a compensation for unfair trade practice adopted by them and also Rs.2,000/- as a cost of litigation i.e. in total of Rs.9,005/-(Rs.7,000/- + Rs.2,000/- + Rs.5/-). 

              The O.P. is directed to make the payment within 1 month from the date of this judgment and 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

 

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.