DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.2195 of 2019

                                                Date of institution:  01.11.2019                                              Date of decision   :  21.06.2021

Preeti Kalia wife of Shri Anirudh Gupta, resident of House No.3494, Sector 23-D, Chandigarh.  

…….Complainant

Versus

Vishal Mega Mart, SCO 5 & 6, Phase-V, SAS Nagar through its Store Manager.

                                                      ……..Opposite Party  

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Shri Inderjit, Member

Present:    None for the complainant.

                Shri Vikas Kumar Gupta, counsel for the OP.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short), wherein it is mentioned, that she has approached this Commission due to adoption of an unfair trade practice and deficiency in service on the part of the OP. The allegation of the complainant is that she visited the shop of the OP,  with her husband in order to purchase some items. It is further mentioned in the complaint that OP charged “Rs.14/- extra” for the carry bag/paper bag, in which the CC was supposed to carry the items in addition to the price of the items. It is the allegation of the CC that the OP, from whom she had purchased the items, had no right to charge for the carry bag/paper bag. It was difficult for the CC to carry the items without any carry bag out of the shop to her house.

                Thus, alleging deficiency in service on the part of the OP, the CC has sought the refund of Rs.14/- charged by the OP for the carry bag/paper bag and compensation to the tune of Rs.50,000/- for harassment and mental agony. Further CC has demanded Rs.10,000/- as litigation expenses. Complaint of the CC is duly signed. Further the same is also supported by an affidavit of the CC.

2.             In reply the OP has raised a number of objections. It is alleged that the CC has concealed material facts and the complaint merits dismissal. It is further averred that the complainant was made aware by the employees of the Company about the charges for the carry bag. However, the CC chosen to purchase the carry bag and charges were paid by her voluntarily. The OP at its all outlets/stores has very categorically pasted legible and presentable notices/signage displayed at the very entrance of the store that customers may bring their own empty carry bags to take away the goods purchased by them. The OP has always endeavored to follow the principles of environment protection in its business practices. It is further averred that it was intended by the Govt. of India that due to charging of carry bags by the retailers, consumers would be discouraged to buy fresh carry bags and will prefer to bring their own bags instead of paying for the same, thereby bringing down their consumption.  Thus denying any deficiency in service on its part, the OP has prayed for the dismissal of the complaint.

3.             The CC in support of her complaint submitted her affidavit and photocopy of the bill Ex.C-1 and thereafter closed her evidence. On the other hand OP submitted affidavit of Joginder Singh, Sr. Assistant.

4.             We have heard learned counsel for the OP and has gone through the file.

5.             After perusing the complaint and the version filed by the OP, it is proved on the file that the OP had charged an amount of Rs.14/- for carry bag in which the CC was to carry the articles purchased by her on 23.03.2019. The OP has admitted charging of Rs.14/- from the CC for the carry bag.

6.             Now the paramount question for consideration before us is whether the OP had the right to charge Rs.14/- extra for the carry bag in addition to the purchases done by the CC or not.  It is very surprising that if someone purchases an item from the store of the OP, how it is possible that without any carry bag one could carry the articles to his or her home by holding the same in his or her hands. We feel, that these companies have opened such huge stores but are not even providing environment free carry bags free of cost for carrying articles purchased by the customers daily.  We feel, that the carry bag is definitely a part and parcel of the sale and the OP had no legal or moral right to charge extra amount for the carry bag in addition to the price of articles. We feel, that this is definitely a malpractice adopted by such traders with some nefarious designs and to earn more and more profits.

6.             It is pertinent to mention here that the Hon’ble National Commission had already directed the various business houses to discontinue this unfair trade practice of arbitrarily imposing additional cost of carry bags on the customers at the time of selling articles. It is pertinent to mention here that in the reply filed by the OP, instead of apologizing to the CC or showing any regret, the OP has tried to justify its wrong and illegal act. The question is whether these types of stores have any right to charge cost of carry bags at the time of making purchases or not.

7.             The intention of the Law Makers is clear from the preamble of the Consumer Protection Act, which is passed with a view to provide better protection to the consumers in India. Better protection in the sense means that what the consumer through the legislation could not achieve or failed to achieve in this regard, has to be achieved by this Act. Moreover, the present legislature is a benevolent legislation enacted to stop all kinds of malpractices prevailing in the society and in the business. We feel, that this is definitely a malpractice on the part of the OP who has only tried to justify its act on the pretext of saving the environment.

8.             In view of our above discussion, the present complaint is allowed. Accordingly, it is ordered that the OP will refund Rs.14/- to the CC within 30 days from the date of receipt of free certified copy of this order alongwith consolidated amount of compensation for harassment and litigation cost to the CC to the tune of Rs.1,000/- (Rs. One Thousand only). Further we are imposing punitive/exemplary cost to the tune of Rs.20,000/-  (Rs. Twenty Thousand only) on the OP in order to refrain the OP from committing this act again. This amount of punitive/exemplary cost will go to the Legal Aid Account of this
Commission.    Compliance of the aforesaid order be made by the OPs within 30 days from the date of receipt of certified copy of order. Free certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 21, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

(Inderjit)

Member