DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PATIALA.
Consumer Complaint No. 292 of 9.8.2019
Decided on: 3.12.2020
Paramjit Singh Walia s/o Raghbir Singh, aged 76 years, R/o H.No.19A-1, Ranbir Marg, Patiala.
…………...Complainant
Versus
- Big Bazar Retail office, 3rd Floor, Plot No.82, Near NIIT Corp. Office, Gurugram-122001, Haryana through its Managing Director.
- Big Bazar (Future Retail Ltd.) Omaxe Mall, Patiala through its Sale Manager.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President
Sh.Vinod Kumar Gulati, Member
ARGUED BY
Sh.Paramjit Singh, complainant in person
Sh.M.P.S.Sahi,counsel for OPs.
ORDER
JASJIT SINGH BHINDER,PRESIDENT
- This is the complaint filed by Paramjit Singh Walia (hereinafter referred to as the complainant) against Big Bazar Retail office and another (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant is one of the regular customers of OP’s and is also member of Big Bazar Profit Club and is also having Saving club Card.
- It is averred by the complainant that he purchased certain grocery items on 11.1.2019 from OP No.2 who charged Rs.10/- extra for paper carry bag for carrying the same, which is an inherent part of any shopping and cannot be separately charged from a customer. The charging for paper carry bags from the customer amounts to unfair trade practice and deficiency in service on the part of the OPs.
- On this back ground of the facts, the complainant filed this complaint with the prayer to accept the same by giving directions to the OPs to refund the price of paper carry bag and also to pay compensation ofRs.50,000/- for causing mental agony and harassment to the complainant.
- Upon notice OPs appeared through counsel but no written reply was filed after availing ample opportunities and the defence of OP was struck off.
- In evidence the complainant tendered his affidavit,Ex.CA and deposed as per the complaint alongwith document Ex.C1 and closed the evidence.
- The complainant has argued that he is one of the regular customers of OP’s and also member of Big Bazar Profit Club. The complainant argued that he purchased certain grocery items on 11.1.2019 from OP No.2 who charged Rs.10/- extra for paper carry bag which is not permissible under the law. He further argued that complaint be allowed.
- On the other hand, the ld. counsel for the OPs argued that no written statement has been filed by the OPs. The ld. counsel for the OPs further argued that although defence was struck off on 21.11.2019 but still the complainant has no case. The ld. counsel further argued that Rs.10/- was deducted for jute bag so the complaint be dismissed.
- Complainant who is appearing has tendered his affidavit,Ex.CA and has deposed as per the complaint, Ex.C1 is the receipt vide which he has purchased the articles for total amount of Rs.1251/- and there is entry of Rs.10/- charged by the OP No.2 for carry bag. The OPs have no right to charge any amount of the carry bag as carry bag is necessary part of the goods purchased by the complainant or any other customer from the store. The OPs are duty bound to put all the articles purchased in the carry bag. So it is clear that OPs have charged Rs.10/- as carry bag.
- As already stated no evidence has been lead by the OPs as defence was struck off. So the complaint stands allowed and the OPs are directed to refund the amount of Rs.10/- to the complainant alongwith interest @6% per annum from the date of purchase i.e. 11.1.2019 till final payment and also to pay Rs.1000/-as compensation.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED
DATED: 3.12.2020
Vinod Kumar Gulati Jasjit Singh Bhinder
Member President
