Punjab

Ludhiana

CC/20/54

Inderpreet Kaur - Complainant(s)

Versus

Lifestyle Inernational Pvt.Ltd - Opp.Party(s)

Varun Sood Adv.

12 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 54 dated 01.02.2020.                                                Date of decision: 12.10.2022.

 

Inderpreet Kaur W/o. Paramjit Singh, R/o. House No.# 3284, Gurdev Nagar, City Ludhiana. Mob. No.81467-00009.

.…..Complainant

                                      Versus

The Lifestyle International Pvt. Ltd., Through Managing Director, (MBD Neopolis) Ferozepur Road, Rajguru Nagar, Ludhiana, Punjab-141001.

Email: helplifestylestores.com.

                                                                                      …..Opposite party 

Complaint under Section 12 of the Consumer Protection Act,      1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OP                           :         None.

 

ORDER

PER K.K. KAREER, PRESIDENT

 

1.                In brief, the case of the complainant is that on 01.10.2019, the complainant went to the outlet of the OP situated at Ferozepur Road, Rajguru Nagar, Ludhiana and made purchases of Rs.2493/-. However, at the time of payment of the bill, the OP illegally charged Rs.8/- for carry bag vide bill No.015211140063079 dated 01.10.2019. The complainant had no intention to purchase the carry bag and the OP was not entitled to claim any extra charges in respect of the carry bag. This amounts to deficiency of service on the part of the OP. A legal notice dated 15.10.2019 was served upon the OP but despite that they have neither returned the amount of the carry bag nor made the payment of compensation demanded therein. Hence the complaint whereby it has been requested that the OP be directed to pay a compensation of Rs.50,000/- and punitive compensation of Rs.50,000/- and legal expenses of Rs.11,000/-  and the OP be also made to refund the amount of Rs.8/- charged for  the carry bag.

2.                The complaint has been resisted by the OP. In the written statement filed by the OP, it has been, inter alia, pleaded that the complaint is false and frivolous one and is not tenable in the eyes of law. it has further been pleaded that the plastic bags have since been banned to save environment  and the shopkeepers cannot be expected to supply carry bags to the customers and the customer must carry his/her own bag while coming for shopping and there is no legal/statutory obligation on the part of the OP to provide any paper or cloth bag free of costs to the customers. On merits, it has been admitted that a cost of Rs.8/- was charged for carry bag from the complainant. The other allegations made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                The complainant has not formally tendered evidence but an affidavit along with documents Ex. C1 to Ex. C6 are on record.

4.                The OP has also not tendered any evidence. However, an affidavit  of Sh. Chetan Sharma, Store Manager of the OP is on the record.  

5.                None has been appearing in this case on behalf of the complainant as well as OP since 01.04.2022. We have gone through the record and proceed to decide the case on merits.

6.                From the bill Ex. C2, it is evident that the OP charged Rs.8/- towards the cost of the bag. The Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.275 of 2020 reported in 2020 in SSC (NCDRC) 495 titled as  Big Bazaar (Future Retail Ltd.) Vs. Ashok Kumar has held that the consumer has a right to know before he exercises his choice to patronize a particular retail outlet, and before he makes his selection of goods for purchase, that additional cost will be charged for carry bags and also the right to know the salient specifications and price of the carry bags. It has further been held that prominent prior notice and information has necessarily to be there to enable the consumer to make his choice of whether or not to patronize the concerned outlet and the consumer is necessarily required to be informed of the additional cost for carry bags and of their salient specifications and price before he makes his selection of goods for purchase. It has been further held that it cannot be that a notice is displayed at the payment counter or that the consumer is informed at the time of making payment that additional cost will be charged for carry bags. Such notice or information at the time of making the payment not only causes embarrassment and harassment to the consumer and burdens him with additional cost, but also affects his unfettered right to make an informed choice of patronizing a particular outlet at the initial stage itself. It has further been held that arbitrarily and highhandedly deviating from its past practice, deviating from the normal, not giving adequate prominent prior notice or information to the consumer before he makes his choice of patronizing the retail outlet and before he makes his selection for purchase, imposing additional cost of carry bags at the time of making payment, after the selection has been made, forcing carry bags without disclosing their salient specifications at price as fixed by the OP company putting the consumer to embarrassment and harassment, burdening the consumer with additional cost, in such way and manner, is decidedly unfair and deceptive. 

7.                In the light of the law laid down in the cited case, it is abundantly clear that the consumer cannot be taken by surprise that she would be charged additional cost of the carry bag at the billing counter. In the instant case also, the complainant was made to pay a sum of Rs.8/- towards the costs of the bag after she had collected the goods for purchase, which could not be otherwise carried without a carry bag. It was not brought to the notice of the complainant by way of a prominent notice at the entrance or elsewhere in the store that she would have to pay the additional cost of the carry bag. Therefore, this amounts to unfair trade practice on the part of the OPs.

8.                As a result of above discussion, the complaint is allowed exparte with an order that the OP shall pay back the amount of Rs.8/- to the complainant with interest @8% per annum from 01.10.2019 till the date of actual payment. OP shall further pay a composite compensation of Rs.2,000/- (Rupees Two Thousand only)  to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

9.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.10.2022.

Gobind Ram.

Inderpreet Kaur Vs The Lifestyle International                CC/20/54

Present:       None for complainant.

                   None for OP.                 

 

                   None turned up for the complainant and OP today also. None has been appearing on behalf of the complainant since 01.04.2022.

                   Record perused. Vide separate detailed order of today, the complaint is allowed exparte with an order that the OP shall pay back the amount of Rs.8/- to the complainant with interest @8% per annum from 01.10.2019 till the date of actual payment. OP shall further pay a composite compensation of Rs.2,000/- (Rupees Two Thousand only)  to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:12.10.2022.

Gobind Ram.