Chandigarh

DF-II

CC/609/2019

Gagandeep Kaur - Complainant(s)

Versus

Pantaloons, (Division of Aditya Birla Fashion & Retail Ltd.) - Opp.Party(s)

Arshdeep Singh Arora Adv.

16 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	609 of 2019
Date of Institution	:	08.07.2019
Date of Decision	:	16.12.2019

 

                     

                         

Gagandeep Kaur, r/o H.No.3004, Sector 35/D, Chandigarh.

                 ...  Complainant.

Versus

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

…. Opposite Party.

 

BEFORE: 

 

SMT.PRITI MALHOTRA, PRESIDING MEMBER

         SH.SURESH KUMAR SARDANA, MEMBER

 

Argued by:-

         Sh.Sahil Dawar, Advocate for the complainant

          Sh.Sourabh Gulia, Advocate for the OP.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Briefly the case of the complainant is that she purchased some clothes/articles from the OP and went to the billing counter for payment and at the time of billing, the cashier told him that she was required to pay Rs.5/- on account of paper carry bag for carrying the articles.  She resisted and told the cashier that it was illegal to charge for a paper carry bag but to no effect.   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 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/64/2019 titled as Dinesh Parshad Raturi Vs. Bata India Ltd.” has stopped charging for the carry bags and has started 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]       Parties led evidence in support of their contentions.

4]       We have heard the learned counsel for the parties and have gone through the documents on record.

5]       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.” decided on 03.01.2019 and CC/64/2019 – “Dinesh Parshad Raturi Vs. Bata India Ltd.” decided on 09.04.2019, has stopped charging for the carry bags. Since the OP has already taken notice of its wrong and also discontinued the unfair practice of charging extra amount for paper carry bags.  So taking lenient view, we while allowing the present complaint are not imposing any punitive damages.  At the same time, we are under bounden duty to compensate the present complainant with a reasonable amount of compensation, who became victim of the unfair trade practice adopted by the Opposite Party in near past.

 

6]       Taking into consideration the entire facts & circumstances of the case, as discussed in preceding paragraph, the present complaint is allowed against Opposite Party with following directions:-

1. To refund Rs.5/- i.e. price of the carry bag to the complainant.
2. To pay Rs.1500/- to the complainant towards compensation for harassment and mental agony caused to the complainant on account of unfair trade practice resorted to by the OP.
3. To pay Rs.1000/- as litigation expenses.      

         This order shall be complied with by the OP within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay additional compensatory cost of Rs.1000/- to complainant apart from the above relief.

         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

16^th Dec., 2019

Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER