Hon'ble Mrs. Rumpa Mandal, Member.
The brief facts of the case in a few words is that the Complainant / petitioner Soubhik Roy purchased sum dress material from the OP on 26.07.2019 and 02.08.2019. On such purchase the OP., being the manager of Reliance Trends prepared bills. The petitioner paid the price to the tune of Rs.5402/- & Rs.1402/- including cost of carry bag @Rs.7/- & Rs.5/-respectively as claimed by the OP. At the time of payment of bill the petitioner raised objection against the said trade name of the OP company on the carry bag.
Despite that objection OP did not remove the logo of the company. Subsequently, the petitioner filed a complaint before the consumer Affairs on 12.09.2019 but the matter was not settled. However the OP admitted the case of the complainant before the mediator.
The said charge of cost of carry bag by the OP from the petitioner is unfair trade practice & illegal. The complainant therefore filed this complaint before the Commission. The cause of action arose on 26.07.2019 & 02.08.2019.The petitioner therefore prayed for a direction to the OP to pay Rs,10000/- for unfair trade practice & deficiency in service, to refund the cost of carry bag of Rs.7/- & 5/- along with interest and litigation cost of Rs.3000/- and any other relief.
The OP initially contested the case but subsequently prefered not to contest the case. Accordingly the case is heard exparte.
The complainant / petitioner in order to substantiate the case filed evidence on affidavit and Xerox copy of some documents being the electronic receipts.
After perusing the pleading and the evidence on record it is found that the complainant stated through affidavit & filed the cash memo in the form of electronic receipts being annexure A,A1,B,B1C,D&E of Reliance Trends. After perusing the same it transpires that same products were purchased for a sum of Rs.5402/- and Rs.1402/- on 26.07.2019 &2.08.2019 wherein charge of Rs.7/- & Rs.5/- were imposed for trends carry bag. Thus the pleadings and the documents established that complainant is a Consumer under the provisions of this Act.
Let us move in to the main relief claimed by the complaint to ascertain as to whether there was any unfair trade practice in to the transaction complaint of.
In common parlance every product is given under a packet. In case of loose product or goods the buyer is supposed to carry a bag where in the goods are bagged or put in.
It is the contention of the petitioner / complainant that for purchasing some garments separately he had purchased “Trends”carry bag @ Rs7/-& Rs.5/- respectively. At the time of procuring, the bill he raised an objection in respect of O.P. trade name carry bag with the logo of Reliance co. carry bag because he is not an advertisement agent of the O.P. on 12.09.2019 the petitioner filed a complaint before the consumer Affairs but the matter was not settled and subsequently, on 18.02.2020 the Complainant approached the Ld. Commission. After receiving the notice from the Commission, the OP initially contested the case but subsequently preferred not to contest the case, for which this case was heard ex-parte against the O.P.
The Complainant in order to substantiate the claim adduced evidence on affidavit. He also proved the documents to establish his said claim “Trends ” which is trade name of the OP for which a charge of Rs.7/-& Rs.5/- was imposed. The complainant raised objection because he is not an advertisement agent of the OP. as alleged by the petitioner in his complaint as well as in evidence in chief supported by affidavit.
We have gone through the record very carefully and have perused the documents, evidence on affidavit filed by the complainant and also written version of O.P..It appears that the OP prepared bill and Tax in voice and complainant paid the amount through HDFC Bank and also paid the amount of packaging carry bag @ Rs.7/- & Rs.5/- ( Annexure A1,and Annexure B1).
The documents show that Rs.7/- & Rs.5/- were charged from the complainant Ld. Advocate for the Complainant submits that the O.P. cannot force the customer to buy carry bag. Even if carry bag is sold for price, the same cannot be used for advertisement through the customer as the customer is not an advertisement agent for the OP company.
The opposite party in their written version & Evidence in chief supported by affidavit categorically stated that charging for paper carry bags as per notification issued by Environment and Forest Deptt. Govt. of India on 4the Feb, 2011 and also mentioned in their W/V and evidence on affidavit that Customers can bring their own bag through their mandatory signage and Reliance Co. does not force customers for buying their carry bag, it is purely optional and at that time complainant duly understood their (OPS) terms & conditions and agreed. After that complaint has satisfied and has voluntarily accepted the same. But subsequently the OP did not turn up for contesting the same by filing written argument.
So the defence plea remains absolutely not proved in as much as the case is heard exparte.
The argument is made by the Ld. Advocate for the complainant seems to be tenable. The complainant had no intention to purchase the carry bag and it was duty of the Op to provide the carry bag. The evidence & pleading disclose that The bag was being used for advertisement by the OP. The carry bag which is annexed with the present. Consumer Complaint, the impression ‘’Trends” was printed with logo. Thus, the complainant seems to have been used as the advertisement agent of the Reliance Retail Limited, Reliance Trends. Hence it amounts to unfair Trade Practice and punitive damages.
As per this evidence brought in record, we record a firm finding that there is unfair trade Practice on the part of the OP in compelling the complainant to purchase the carry bag worth Rs.7/- and Rs.5/-. He should have given the same to the complainant free of cost. It was for gain of Op by employing unfair trade Practice.
Hence, it is
Ordered
That complainant case no CC/12/2020 be and the same is allowed exparte without cost.
The OP is directed to pay the amount of Rs.7/- and Rs.5/- towards cost of bag and to pay Rs.4,000/- for unfair trade practice and deficiency in service and OP is also directed to pay Rs.2,000/- for litigation cost.
If the aforesaid order is not complied within 30 days from the date of this order, the OP is liable to pay interest @ 6% per annum on the entire awarded sum from the date of order until realization. In the event of failure to comply with the order Complainant shall also be at liberty to execute the said order in accordance with law.
Let a plain copy of this order be supplied to the OP with free of cost.
The copy of the Judgment/Final Order also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
