Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 253
Instituted on : 23.05.2019
Decided on :02.02.2024
Smt. Ekta age 38 years, d/o Sh. Ashok Kumar r/o H.No.A-92, PreetVihar, Rohtak.
………..Complainant.
Vs.
- Reliance Trends, Reliance Retail Ltd., #304/30, Near Power House, Medical Mod,. Delhi-Rohtak Road, Rohtak-124001(Haryana). Through its Manager.
- Reliance Retail Ltd.., Registered Office: 3rd Floor, Court House, LokmanyaTilak Marg, Dhobi Talao, Mumbnai-400002.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.DigvijayJakhar, Advocate for the complainant.
Sh.Yogender Singh Dalal, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that on 12.02.2019 he had purchased some clothes from the opposite party no.1. The bill was less than Rs.2000/- so the opposite party No.1 asked the complainant to purchase the items worth Rs.3000/- to get the discount coupons worth Rs.2000/-. So the opposite party No.1 charged Rs.3400.52/- for the same. Opposite party No.1 had provided a torn carry bag to the complainant through which opposite party no.2 makes advertisement about its brand/store. Opposite party No.1 also charged Rs.7/- for the alleged carry bag in the bill. Complainant requested theopposite parties to refund the alleged amount of carry bag but the same was refused. Complainant also suffered problems while shopping because of the poor facilities at the store of opposite party No.1. Drinking water was not properly served and the A.Cs were not working. When the complainant went to the opposite party to get the coupons redeem, then she was told that only Rs.500/- , Rs.500/- coupons can be used on shopping of Rs.1000/- per coupon. Again the opposite party No.1 given the bill of Rs.1317/- and the next time when the date of redeeming the coupons arrived, the discount was closed by the opposite parties. It is further submitted that for redeeming the coupon of Rs.1000/-, the complainant had to do extra shopping of Rs.2499/-. Again complainant purchased the items of Rs.3455.55/- and again she was given discount, coupons worth Rs.3250/- but no benefit was given by the opposite parties against these coupons. . As such there is deficiency in service and unfair trade practice on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the bill amount worth Rs.3400.52/-, Rs.1317/-, Rs.3455.63/- and carry bag Rs.7/- alongwith interest @ 12% p.a. from the date of purchase till its realization to the complainant, to pay the amount of all coupons, all information regarding the discount and schemes should be displayed in the store. Opposite parties be further directed to pay compensation of Rs.100000/- on account of unfair trade practice and Rs.15000/- on account of litigation expenses to the complainant.
2. Notice of the present complaint was issued to the opposite parties. Opposite parties appeared and filed their written reply submitting therein that at the time of billing the said offer was explained to the complainant and as the complainant was inclined to avail the said offer, she further purchased the merchandise of her own choice. There was no compulsion from store to the complainant to avail the offer, but it was complainant’s sweet will to go ahead with the same. It is submitted that as the complainant agreed to purchase the carrybag, same was billed in the invoice. Further it is submitted as of now, there is no law as such which binds the retailer to give carry bags for free. Remaining averments made therein are denied. Further taking of photos while drinking water itself shows the malafide intention of the complainant. The shopping by the complainant was done on 12.02.2019 i.e. in the month of February & weather in the month of February is always pleasant, still the Air condition in the store was working as per suitable temperature which can also be verified from the picture attached by the complainant wherein it can be seen public around wearing woolens. Hence the allegation of the complainant is totally false, unfounded hence denied. The terms and conditions were printed at the back of the coupons at the time of purchase & as the complainant had subscribed to the said coupons the said terms & conditions needs to be followed by her. The store has not received any complaint pertaining to the said offer. There is neither any deficiency nor unfair trade practice on the part of opposite parties. It is prayed that present complaint may kindly be dismissed with costs.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C35 and closed his evidence on 03.02.2020. Ld. Counsel for the opposite party has tendered affidavit Ex.RW1/A and thereafter failed to conclude their evidence and the evidence of opposite parties was closed by the order dated 07.09.2021 of this Commission.
4. We have heard ld. counsel for the parties and gone through the material aspects of the case very carefully.
5. In the present case, it is not disputed that as per bill Ex.C1, complainant had purchased some clothes from the opposite party no.1 and opposite party had charged Rs.7/- on account of carry bag from the complainant. The other documents Ex.C4 to Ex.C9 are regarding purchase bills, their payments and coupons. Complainant has also placed on record emails Ex.C10 to Ex.C17 regarding the fact that no sizes were available at the store or the prices were higher than the others stores. We have perused the documents placed on record by both the parties. A thorough perusal of the documents shows that imposing of amount of carry bag in the bill without the consent of the complainant is illegal. A bare perusal of the document Ex.C22 shows that there is a logo of the Reliance upon the bag. As per our opinion the company cannot advertise their product on the cost of consumer. The same should have been provided free of cost to the complainant. Hence there is unfair trade practice on the part of opposite parties.But regarding the other plea taken by the complainant about redeeming the coupons and doing extra shopping for coupons and non availability of products at the store, it is observed that opposite party No.1 only explained the complainant to purchase the items worth Rs.3000/- to get the discount coupons worth Rs.2000/-. But there was no compulsion for the complainant to avail the offer. The complainant on her own sweet will had done more shopping to get the benefits. Providing free gifts or coupons etc. are the business tactics of the sellers to promote their sale, to clear their stocks etc. On the other hand, the complainant should have also check or understand these tactics before availing the benefits that whether the same was beneficial for her or not. Hence, it cannot be said that there is any deficiency in service or unfair trade practice on the part of opposite parties in providing discount coupons to the complainant. There is only unfair trade practice on the part of opposite parties for charging the price of carry bag without the consent of complainant. Hence the opposite parties are liable to compensate the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund Rs.7/-(Rupees seven only), to pay Rs.1000/-(Rupees one thousand only) as compensation on account of deficiency in service and Rs.2000/- (Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite parties shall also be liable to pay interest @ 9% p.a. on the awarded amount of Rs.1007/-(Rupees one thousand and seven only) from the date of order till its realization to the complainant.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
02.02.2024
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
