DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.1764 of 2019

                                                Date of institution:  17.09.2019                                              Date of decision   :  12.10.2021

Sarpreet Verma son of Shri Gurbax Rai, resident of House No.938, Phase-VII, Mohali, Punjab.

…….Complainant

Versus

Mohali Central, VR Punjab Mall, Mohali, Punjab.

                                                      ……..Opposite Party  

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal,  Member

Present:    None for the complainant.

                Shri Kulwinder Singh, 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 Parties (hereinafter referred as ‘OPs’ for short), on the ground that the CC purchased readymade clothes from the OP on 19.06.2019 by paying an amount of Rs.6,058/- but at the time of purchasing, he was charged for the carry bag and had to pay Rs.10/-  in addition to the price of the items which the CC had purchased.

                Thus the CC has sought refund of Rs.10/- charged by the OPs for the carry bag and compensation to the tune of Rs.10,000/- for harassment and agony. Further the CC has demanded Rs.11,000/- as litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by affidavit of the CC.

2.             In reply the OP has raised number of preliminary objections on the ground that the complaint of CC is baseless and misconceived. It is further averred that the amount was charged on the basis of environmentally responsible policy aimed at encouraging customers to carry their own shopping bags. The policy is designed to incentivize consumers to carry their own bags and to reuse bags already in their ownership instead of obtaining a fresh paper bag on every purchase thereby contributing to deforestation and environmental damage. It is further averred that pursuant to the said decision to adopt green policies, the OP encourages its customers to carry their own bags, so that damage caused by new plastic/paper bags is minimized. It is further averred that this message is conveyed to the customers through advertisements and posters at the stores of the OP, including at the store wherefrom the complainant had purchased the products. It is further averred that in the said advertisements/posters, it is categorically stated that in case a customer wishes to purchase a carry bag, the same can be made available at the store of the OP for a separate charge.  On merits all the averments of the complaint have been denied. The OP has thus prayed for dismissal of the complaint by justifying receipt of Rs.10/- for the carry bag from the complainant. The version of the OPs is signed and verified.

3.             The CC in support of his complaint submitted his affidavit Ex.CW-1/1 and photocopy of the bill Ex.C-1 and carry bag Ex.C-2. On the other hand the OP has not submitted affidavit any evidence.

4.             We have heard counsel for the OP. However, none appeared for the complainant but we ourselves have gone through the record.

5.             The point in controversy before us is whether the OP could charge Rs.10/- for the carry bag from the CC and whether the act of the OP is justified and is in consonance with the rules and laws. To our mind, it is very surprising that if someone purchases some goods from a shop, then how it is possible for that person to carry those goods out of the show room without any carry bag or in the absence of a carry bag how could he carry those articles in his hands. We feel that it was incumbent upon the OP to provide a carry bag to the CC free of charge since this carry bag is definitely a part and parcel of purchases done by the CC. We feel, that non supply of carry bag to carry the articles sold by the OP to the CC is definitely a malpractice adopted by the OP. Same kind of malpractice is also adopted by a number of traders in India who are also charging exorbitant amount of money in the name of carry bags from customers every day thus adding to unfair revenue. We feel that such type of malpractice or unfair trade practice has to be curbed with strong hands.

6.             Consumer Protection Act, 2019 is a benevolent legislation enacted by the Govt. to provide speedy and substantial justice to the parties.  The very purpose of the Act is to curb unfair trade practice adopted by the traders, who make money by adopting such unfair means. We feel, that the very purpose of Consumer Protection Act, 2019 will fail if such type of practice is allowed among traders and in the society. We also feel if the company is eager to protect environment then they should give environment free bags to the customers.

7.             It is also possible that the OP must have collected thousands of rupees from various customers in such a manner. It is also possible that OP must have continued this practice for years and had collected huge amount. In order to curb such malpractice, it is important to impose special cost on the OP so that correct message should go in the society and such traders will think thousand times before adopting this practice again.

8.             Accordingly, the present complaint is allowed. It is ordered that the OP will refund an amount of Rs.10/- to the CC within 30 days from receipt of free certified copy of this order. The OP will also pay compensation to the CC to the tune of Rs.500/- (Rs. Five Hundred only). It is further ordered that the OP will also deposit Rs.10,000/- (Rs. Ten  Thousand only) in the Poor Patient Welfare Fund of PGIMER Chandigarh. It is further ordered that in case the amount is not deposited or paid by the OP within 30 days, the OP will have to pay interest @ 12% per annum. It is further ordered that the Director of the PGIMER Chandigarh will use this fund solely and exclusively for the purpose of helping poor patients of the Tricity and other States for their medicines as and when required by them and will maintain a proper record of the same.  Free certified copies of this order be sent to the parties.   File be indexed and consigned to record room.

Announced

October 12, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

I agree.

(Ms. Gagandeep Gosal)

Member