Chandigarh

DF-II

CC/781/2019

Ashok Pupreja - Complainant(s)

Versus

Aditya Birla Fashion And Retail Limited - Opp.Party(s)

Tushar Arora Adv. & Vishal Kaushal Adv.

02 Sep 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	781/ 2019
Date of Institution	:	20.08.2019
Date of Decision	:	02.09.2020

 

                                       

                       

 

                       

Ashok Pupreja r/o H.No.1263, 1^st Floor, Sector 34-C, Chandigarh.

                                ...  Complainant.

Versus

Aditya Birla Fashion and Retail Limited, Elante Mall, Plot No.178 & 78-A, Industrial Area, Chandigarh, India through its Manager, Proprietor, Authorized Signatory.

…. Opposite Party

BEFORE:

SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI B.M.SHARMA, MEMBER

 

Argued by:-

                Sh.Sahil Dawar, Adv. for the complainant

Sh.Sourabh Gulia, Adv. for the OP.

 

 

PER RAJAN DEWAN, PRESIDENT

1.          The facts of the case as alleged by the complainant are that he purchased  clothes worth Rs.499/-  against bill dated 17.08.2019 and he went to the billing counter for payment and he was shocked to see the bill that a sum of Rs.5/- was charged towards paper bag. He resisted and requested the OP to refund the amount of paper bag but to no effect.  It has further been averred that it was illegal to charge for a paper carry bag.   It has further been averred that the Opposite Party has committed deficiency in service as also indulged into unfair trade practice by charging for the paper carry bag. Hence, the present consumer complaint.
2.         In its written statement, the OP while admitting the factual matrix of the case has pleaded that the amount for the carry bag was charged after getting the consent of the complainant.  It has further been pleaded that the names of the brand are not printed for any advertisement purposes and printed merely for information purpose which indicates that the products are purchased from a particular brand.  It has further been pleaded that the OP is honoring the directions passed by the Forum in the case titled as C.C.No.438/2018 titled as Pankaj Chandgothia Vs. M/s Life Style International Pvt. Ltd., CC/s64/2019 titled as Dinesh Parshad Raturi Vs. Bata India Ltd.” has stopped charging the carry bags and has stated providing free carry bags to all its customers forthwith who purchase articles from their shop. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         We have heard the learned Counsel for the parties and have gone through the documents on record.
4.          At the time of arguments, Ld. Counsel for Opposite Party has fairly conceded that the Opposite Party on learning through newspapers that charging of carry bags with its logo/name on it, has been held to be unfair trade practice by the Forum in CC/438/2018 – “Pankaj Chandgothia  Vs. Life Style International Pvt. Ltd.” and CC/64/2019 – “Dinesh Parshad Raturi Vs. Bata India Ltd.” has stopped charging for the carry bags. Since the OP has apologized for its mistake and stopped charging for the paper carry bags and has remorse and repentant on its mistake, therefore, we think that if somebody learnt a lesson then a lenient view should be taken qua that person. Keeping in view the same, we deem it proper not to impose any punitive costs upon the Opposite Party.
5.        In view of the above discussion, the consumer complaint deserves to be accepted against the Opposite Party and the same is accordingly allowed qua it. The Opposite Party is directed:-
   1. to refund the cost of carry bag i.e. Rs.5/- to the complainant.
   2. to pay Rs.100/- to the complainant towards compensation for harassment and mental agony.  Compensation imposed on lower side as mental agony of parting with the price of the carry bag could only be caused to this extent.
   3. to pay Rs.1,000/- as litigation expenses.      
6.         This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the amount at Sr.No.(i) and (ii) to the complainant along with interest @ 9% p.a. from the date of the order, till its realization besides litigation expenses.  
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 02.09.2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER