DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 343 of 28.8.2019

                                      Decided on: 6.8.2021

Jaspreet Singh S/o Gurcharan Singh R/o H.No.225 , Dukhniwaran Colony, Sirhind Road, Patiala.

                                                                   …………...Complainant

                                      Versus

Reliance Trends c/o Reliance retail Limited Trends Footwear, Shop No.19A &20,Ground Floor, Omaxe Mall, Opp.Kalidevi Mandir, Patiala.

                                                                   …………Opposite Party.

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY

                                      Sh.Jaspreet Singh, complainant in person

                                      Sh.Sanjay Bharaj,counsel for the OP.       

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Jaspreet Singh   (hereinafter referred to as the complainant) against Reliance Trends (hereinafter referred to as the OP/s).
2. The brief facts of the case are that on 9.8.2019, the complainant went to purchase footwear for himself and made the purchase of Rs.799/-but the cash attendant charged Rs.10/- for carry bag illegally. The complainant approached the Manager of the OP but he did not listen in this regard. There is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint with the prayer to accept the same by giving direction to the OP refund the amount of Rs.10/- charged for carry bag and also to pay Rs.50,000/-as compensation and Rs.22000/-as litigation expenses.
3. Upon notice OP appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the OP is a store operated by M/s Reliance Retail Limited; that the present complaint is not maintainable; that the complaint is totally false, vague and has been filed just to get wrongful gains. It is further submitted that Rs.10/- for carry bag were charged after the consent of the complainant. It is further submitted that the sale of the environment friendly carry bag is not compulsory and the said carry bag is sold only after receiving the consent of the customer. It is further submitted that the OP have placed Information Display Board at billing counter having requested the customers to carry their own carry bags .It is submitted that the complaint of the complainant is not tenable and is liable to be dismissed.
4. On merits, it is submitted that the complainant purchased certain products from the store of the OP and the charges towards the carry bag were added in the invoice only after the consent of the complainant. There is no deficiency in service or unfair trade practice on the part of the OP. After denying all other averments made in the complaint, the OP prayed for the dismissal of the complaint.
5. In support of the complaint, the complainant has tendered his affidavit, Ex.CA alongwith the documents Exs.C1 to C2 and closed the evidence.
6. On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Balkrishna Nautiyal, Store Manager of the OP alongwith document,Ex.OP1 and closed the evidence.      
7. We have heard the complainant, the ld. counsel for the OP and have also gone through the record of the case, carefully.
8. As per the allegations the complainant purchased footwear for himself and at the time of payment at the cash counter Rs.10/-was charged illegally for carry bag.
9. To prove this case the complainant has tendered his affidavit, Ex.CA and has deposed as per the complaint, Ex.C1 is the receipt in which Rs.10/- has been mentioned for carry bag.
10. As per the complainant the OP charged Rs.10/- for carry bag. The carry bag is always to be the part of the purchased items and the complainant placed the carry bag Ex.C2 on the file. It is always mandatory that if someone purchases the articles then it is the duty of the OP to put the articles in the carry bag. The OP has thus wrongly charged Rs.10/- from the complainant and the OP is liable to refund the same to the complainant.
11. Accordingly the complaint is partly allowed and the OP is directed to refund Rs.10/- charged for carry bag to the complainant and also to pay Rs.500/- as compensation and another amount of Rs.500/- as litigation expenses.

Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:6.8.2021         

                             Vinod Kumar Gulati             Jasjit Singh Bhinder

                                    Member                                       President