Chandigarh

DF-I

CC/714/2019

Habib Ahmad - Complainant(s)

Versus

Aditya Birla Fashion and Retails Ltd. - Opp.Party(s)

Yugansh Siwach

17 Jun 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/714/2019
Date of Institution	:	17/07/2019
Date of Decision	:	17/06/2020

 

Habib Ahmad S/o Sh. Nasir Ahmad, Resident of House No. 2342, Sector 24-C, Chandigarh.

…..Complainant

 

V E R S U S

 

Aditya Birla Fashion & Retails Limited (Pantaloons Division), Pantaloons, Elante Mall, Plot No.178 & 178-A, Phase-I, Industrial Area, Chandigarh - 160002, through its Manager/Proprietor/Director Sh. Ashish Dikshit.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	None for Complainant.
	:	Sh. Saurabh Gulia, Counsel for Opposite Party.

 

Per DR.S.K.SARDANA, Member

1.           Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, complainant had purchased certain items on 16.06.2019 from the Opposite Party against consideration of Rs.1193/-. The Opposite Party had charged Rs.5/- for carry bag though the complainant did not intend to purchase it. As such, alleging that there has been unfair trade practice on the part of Opposite Party as the carry bag was never intended to purchase by complainant. Hence, prayed for compensation with costs of litigation.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded that on the consent of Complainant, carry bag was sold to him for Rs.5/-. Complainant opted for its purchase. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have heard the Ld. Counsel for the Opposite Party, through video conferencing, and gone through the record of the case with utmost care and circumspection.
6.         It is the case of the Opposite Party that honouring the directions of this Forum issued in CC/438/2018 – “Pankaj Chandgothia Vs. Life Style International Pvt. Ltd.” decided on 03.01.2019 and CC/64/2019 – “Dinesh Parshad Raturi Vs. Bata India Ltd.” decided on 09.04.2019, it has stopped charging for the carry bags and has started providing free carry bags to all its customers forthwith who purchase articles from the OP-Shop. To our mind, making of such a statement in itself shows that Opposite Party has remorse and repentant on its mistake and amount of carry bag charged under mistaken belief. We feel that if somebody learnt a lesson then a lenient view is to be taken qua that person. Thus, on this account, taking a lenient view, we deem it proper not to impose any punitive costs on the Opposite Party. Even otherwise also, no punitive order is being passed against the Opposite Party due to the lock down/curfew for the last more than two months due to which all the business activities in Chandigarh has come to a grinding halt. 
7.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.5/- wrongly charged for the carry bag;

(ii)    To pay Rs.1,000/- to the complainant towards compensation for harassment and mental agony.  Compensation imposed on lower side as mental agony of parting with Rs.5/- could only be caused to this extent.

(iii)   To pay Rs.500/- as litigation expenses.      

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, Opposite Party shall be liable to pay the amounts at Sr.No. (i) & (ii) to the complainant along with interest @12% p.a. from the date of filing of the present Complaint, till its realization, besides compliance of directions as at Sr.No.(iii) above.

8.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

17^th June, 2020                          

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”