DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 400 of 2022.

1. Sri Tamoghna Kishore Devverma,

S/O. Sri Mukut Kishore Devverma,

Palace North Gate, Palace Compound,

P.O.-Agartala, 

P.S.-West Agartala, Pin-799001,

Dist. West Tripura....................…....…...........................Complainant.

 

-VERSUS-

 

1. The Store Manager, 

Domino's Pizza Outlet,

Ground Floor, Right side,

Holding No.03275, Ward No.-49,

No.-492218, Opposite International Exhibition Centre,

Hapania, Agartala, 

P.S.-Amtali, P.O.-ONGC, Pin-799014, 

Dist.-West Tripura.…...................................................Opposite Party.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

For the O.P. : Sri Malay Dutta,

The Complainant purchased a pizza from the O.P., Restaurant on 08/08/2022 at a price of Rs.460.45/-(Rupees Four Hundred Sixty and Forty Five Paisa only). When the Complainant checked the bill, he found that the actual price of pizza was Rs.429/- and additional amount of Rs.9.52/- was added for a paper carry bag with additional amount of 2.5% CGST.  

2.      On enquiry by the Complainant the staff of O.P., Restaurant explained the price of the carry bag was charged. However, the Complainant replied that it was not practicable to take a pizza without a carry bag as pizza box which was provided by the Restaurant did not have a handle. Hence, this complaint for compensation for Rs.25,000/- .  

 

3. O.P. submitted written objection denying and disputing the claim by justifying price charged for the carry bag. 

4.  Both parties submitted evidence and documents. 

5.  Hearing argument the following point taken up for discussion and decision:

  I). Whether the O.P. was justified by charging price for the carry bag considering the nature of item sold to the Complainant?         

DECISION AND REASONS FOR DECISION:-

6.  The Hon'ble State Commission, Tripura in case No.32/2022 vide order dated 13/03/2023 was pleased to decide that 

    “According to us, it is the wisdom of the purchaser whether he needs a carry bag to carry the goods he purchased. It also depends upon the characteristics of a purchaser, one may need a carry bag to carry the articles he purchased and one may not need to carry any bags for carrying such goods. Such wishes vary from buyer to buyer.” 

7. In the case at hand it is not disputed by the Complainant that pizza which was a food item was delivered by the O.P. in a paper box. After that the Complainant demanded a carry bag. Naturally the O.P., Restaurant was justified in making extra charge for supplying the carry bag which the O.P. was otherwise not supposed to give such carry bag if the Complainant had eaten the pizza sitting in the Restaurant. As such for supplying the carry bag the O.P. was not unjustified in charging the parcel charge. Therefore, there was no illegality or deficiency in service on the part of the O.P. 

  This is point is decided accordingly.           

8. In the result, the case stands dismissed. However without cost.        

  Supply a copy of this Final Order free of cost to the complainant and the Opposite party.

 Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.