Haryana

Ambala

CC/237/2019

Harpreet Singh - Complainant(s)

Versus

Vishal Mega Mart - Opp.Party(s)

P.K. Mundan

09 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no.        :  237 of 2019.

                                                          Date of Institution         :   05.08.2019.

                                                          Date of decision    :   09.03.2022.

 

Harpreet Singh son of Late Shri Balbir Singh, r/o 547, Sonia Colony, Ambala City, aged about 40 years.

          ……. Complainant.

 

                                                Versus

 

Vishal Mega Mart, Ambala-2, House No.95, 96 & 60 Prem Nagar, Ambala City, through its Manager/Managing Director.

 

                                                                                  ….…. Opposite Party.

         

Before:        Ms. Neena Sandhu, President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

                   None for the OP.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To refund Rs.12.50, wrongly charged for the carry bag.
2. To pay Rs.20,000/- as compensation for the mental agony and physical harassment suffered by her.
3. To pay Rs.15,000/- as litigation expenses.
382.  

Any other relief which this Hon’ble Commission may deem fit.

 

2.                Brief facts of the case are that the complainant is a practicing Advocate. He purchased some household items and Glass articles vide Bill No.4035190002416 dated 28.07.2019 of Rs.604.50, from the OP. After selecting certain articles from the OP shop, he took the same to the billing counter, for making payment, the cashier handed over the said articles without putting the same in a carry bag. The complainant asked for the carry bag, but he refused to provide the same and told him to buy the same. As such, he purchased the carry bag by paying Rs.12.50/-. In this manner, the OP has not only committed deficiency in service, but also indulged into unfair trade practice. Hence, the present complaint.

3.                Upon notice, OP appeared through its counsel and filed written version raised preliminary objections with regard to maintainability, not come with clean hands, locus standi and cause of action etc. On merits, it is stated that bill No.4035190002416 dated 28.07.2019 of Rs.604.50, was issued by the OP, for purchase of some household items and glass articles. Complainant was not compelled to buy the carry bag. The company has displayed at the entry gate and prominent places in its retail stores that customers can bring their own carry bags to carry the goods purchased from the Store. For the convenience of the customers, company also provides carry bags on payment. Rest of the averments of the complainant were denied and OPs prayed for dismissal of the present complaint with costs.

4.                Complainant tendered his affidavit as Annexure CA alongwith document as Annexure C-1 and closed the evidence of the complainant. On the other hand, learned counsel for the OP tendered affidavit of Shri Raman Kaushal, authorized signatory of Vishal Mega Mart, Ambala-2, House No.95,96 & 60 Prem Nagar, Ambala City as Annexure OP-A and closed the evidence on behalf of OP.

5.                We have heard the complainant and carefully gone through the case file.

6.                 Annexure C-1, is the copy of invoice, whereby, complainant purchased some articles for an amount of Rs.604.50, from the OP on 28.07.2019. Complainant has submitted that after billing, OP did not provide carry bag, to carry the articles and told him to purchase a carry bag. In order to carry the articles purchased by him, he purchased a carry bag of Rs.12.50. By not providing carry bag, to carry the articles purchased from the OP, it not only committed deficiency in service, but also indulged into unfair trade practice.

7.                Perusal of the copy of invoice dated 28.07.2019, (Annexure C-1), reveals that OP charged Rs.12.50/- for the carry bag, from the complainant. However, no cogent/convincing evidence, in the shape of any rules/instructions has been placed on record by the OP, which give such an authority to it,  to levy charge additionally for the carry bag from the gullible Consumers. In the case of M/s Lifestyle International Pvt. Ltd. Vs. Pankaj Chandgothia and others, 2019 (2) CLT 410 (CHD), the Hon’ble State Commission, U.T., Chandigarh has held that “A person who buys some articles/products from the shop premises like the appellant/OP is expected to be provided with free carry bag to carry those articles. It is further held that the carry bags which are sold by the appellant/OP bear its logo on both sides and the customer, who is buying the same is in fact publicizing the brand of the appellant/OP and thereby becomes a brand ambassador. On the other hand, charging for the same paper carry bag by the appellant/OP amounted to unfair trade practise.  It may be stated here that in the case of Big Bazar (Future Retail Limited) Versus Ashok Kumar and other bunch of cases, the Hon’ble National Commission, New Delhi vide its order dated 22.12.2020, dismissed all the fourteen revision petitions filed against the order dated 18.05.2020, of the Hon’ble  State Consumer Disputes Redressal Commission, U.T Chandigarh, vide which the Hon’ble State Commission, U.T, upheld the order of the District Commission, whereby Big Bazar (Future Retail Limited) was ordered to refund the cost of the carry bag and to pay compensation and litigation expenses. In view of the law laid down by the Hon’ble Superior Courts, in the cases referred to above, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund the amount of Rs.12.50/- wrongly charged for the carry bag.
2. To pay Rs.1,500/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.1,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :09.03.2022.

 

 

          (Vinod Kumar Sharma)           (Ruby Sharma)              (Neena Sandhu)

              Member                                  Member                      President

 

Present:       Complainant in person.

                   None for the OP.

 

Vide our separate detailed order of even date, the present complaint is allowed. File be consigned to Record Room, after due compliance.

Announced on :09.03.2022.

 

 

 

 

(Vinod Kumar Sharma)           (Ruby Sharma)              (Neena Sandhu)

            Member                           Member                         President