Orissa

Sambalpur

CC/69/2021

Swaroop Satapathy, Pattjoshi - Complainant(s)

Versus

Reliance Retail Limited, - Opp.Party(s)

Sri. N.K. Satpathy, B. Mishra, R. Trivedi, S. Mishra & associates

20 Sep 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 69/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Swaroop Satapathy@ Pattjoshi,

W/o- Jeetesh Pattjoshi,

R/o- Mahavirpada, Bhawanipatna, PO/PS-Bhawanipatna,

Dist-Kalahandi.                                                             ...………..Complainant

                                                Versus

Reliance Retail Limited,

At-Budharaja Main Road, In front of  Budharaja Flyover,

Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004                                                           …………...Opp.Party

Counsels:-

  1. For the Complainant                   :-Sri.N.K.Satapathy, Advocate & Associates
  2. For the O.P.                                  :- Sri. P.Pattnaik, Advocate

 

Date of filing:30.11.2021 Date of Hearing :05.09.2022, Date of Judgement :20.09.2022

      Presented by Sri. Sadananda Tripathy, Member

  1. The Brief fact of the Complainant case is that on dtd. 24.10.2021 the Complainant went to the O.P  to purchase some goods for her own use. On that day the Complainant purchased various goods, in total 20 items amounting to Rs. 1248/- and went to billing counter for payment of the purchased goods. The billing counter operator/cashier gave a bill/cash memo bearing payment Ref No TDC710621533101 for a sum of Rs. 1262/- for 21 number of items. When the Complainant asked the cashier/billing operator for excess billing of one item and Rs. 14/-, the cashier/billing operator told that the sum of Rs. 14/- is towards cotton carry bag. When the Complainant demanded explanation as regards charge of Rs. 14/- for cotton carry bag refused to pay the additional amount of Rs. 14/- for cotton carry bag and also told that if you have any problem to pay Rs. 14/- only for cotton carry bag then it is better for you not to come to this shop in future. The cashier/billing boy further stated that they have not charging the extra amount of Rs. 14/- for cotton carry bag to their regular/family card holder customer only. At the time of discussion some other customer/consumer are also present there and due to such type of rude behavior of the counter boy/ cashier the Complainant felt humiliated and forced to pay the excess billing amount. The Complainant/Consumer  had no intention to purchase the cotton carry bag but she was forced to pay a sum of Rs. 14/- towards cotton carry bag. Charging the cost of cotton carry bag by the O.P from the Complainant and other customers while selling products/goods is unfair trade practice which amounts to cheating and against the basic principle of Consumer Protection Act. The shop of the O.P is selling various goods and garments and managed by the O.P and as such it fall within the purview of “Service” as contemplated in Sec. 2(i)(0) of Consumer Protection Act. The practice of the O.P is very well be termed as unfair trade practice as well as restrictive trade practice and coming under the purview of exploitation to the consumers.  
  2. The O.P is set exparte. Later on 14.09.2022 Sri. P.Pattanik filed V.nama along with put up petition and version of the O.P. duly served to the Complainant. The version of the O.P. is that statement made by the Complainant that the billing bag/Cashier forced the Complainant to purchase a carry bag is totally false as the cashier of the O.P. store informs its every customer about the availability of carry bags on chargeable basis before the billing at every cash counter. The Complainant is very much aware of the chargeable carry bags. The Store never supports the provision of bags and on the contrary Reliance store is of the opinion that every consumer should bring shopping bag with then or may carry the same providing bag by the concern is like a emergency measure in case it is seen that the customer, in spite of the notice of bringing bag, has failed comply such notice and acted in such a manner so as to require the store to provide measures for carrying goods in a bio degradable manner and in a manner which is permitted in law. The O.P. sell carry bags as any other items of the O.P. store. After taking valid consent from the Complainant, the O.P. sold the carry bag to the Complainant as an item in the way and manner as offered for sale. The case is devoid of merit and liable to be dismissed.
  3. From the above it is found that the Complainant had no intention to purchase the cotton carry bag but the O.P has taken extra charge of Rs. 14/- from the Complainant towards the cost of the carry bag. So it is a case of unfair trade practice as well as restrictive trade practice by the O.P resulting into unnecessary and unjustifiable financial loss to the Complainant.
  4.  
  1. Is the Complainant a Consumer of the O.P?
  2.  Whether the Complainant is entitled for getting any relief from the O.P?

Issue No. 1 Is the Complainant a consumer of the O.P?

the Complainant purchased various goods from the O.P on dtd. 24.10.2021 vide bill/cash memo bearing payment Ref No TDC710621533101 for a sum of Rs. 1262/- and hence the Complainant is a consumer as per the CP Act.

Issue No. 2 Whether the Complainant is entitled for getting any relief from the O.P?

From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP.

                             ORDER

The case is disposed of on contest. It is directed to the O.P to provide free carry bag to all consumers, refund back the amount of Rs. 14/- which was paid on dtd. 24.10.2021 to the Complainant, the O.P is also directed to pay Rs. 15,000/- towards harassment, humiliation and mental agony suffered by the Complainant as Compensation and Rs. 5,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant. Cost of Rs.500/- is to be paid by the O.P. to-wards acceptance of version at belated stage.

Order pronounced in the open Court today on 20th day of Sept, 2022.

Free copies of this order to the parties are supplied.

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