Relying on the case of F.A. No. 238/2019- Big Bazaar (Future Retail Ltd.) v. Ashok Kumar, the Consumer Disputes Redressal Commission opined that the Seller should bear all expenses incurred to put goods into a deliverable state.
In the present case, the Opposite Party did not even appear before the Commission and hence, the State Commission proceeded ex-parte and noted that the non-appearance of the Opposite Party suggests that it has nothing to say in defence.
The Commission directed Opposite Party to refund the cost of carry bags and pay compensation for causing harassment and mental agony to the Complainant.
Brief Facts:
The
Complainant is a practising Advocate who purchased grocery items from
the Opposite Party who in the bill had charged extra 10 Rs. for a carry
bag.
The case of the Complainant was that he was compelled to buy the carry bag.
Thereafter, the Complainant again bought groceries and was charged extra 20 Rs. for the carry bag which had the logo of the Opposite Party.
The
present consumer complaint is filed as the Opposite Party indulged in
unfair trade practices and did not refund the amount even when the
Complainant had sent a legal notice.
Contentions of the Complainant:
The Complainant contended that the Opposite Party failed to provide a free carry bag despite his requests. It is submitted that the Complainant even apprised the Store Manager of judicial precedents stating that extra money for paper bags cannot be charged.
Observations of the Commission:
The Commission observed that in the case of F.A. No. 238/2019- Big Bazaar (Future Retail Ltd.) v. Ashok Kumar it was propounded that the Seller should bear all expenses incurred to put goods into a deliverable state.
In the present case, the Opposite Party did not even appear before the Commission and hence, the State Commission proceeded ex-parte and noted that the non-appearance of the Opposite Party suggests that it has nothing to say in defence.
It was held that the Opposite Party has failed to provide services as promised and therefore, the Consumer Complaint deserves to be succeeded.
The decision of the Commission:
The Commission directed Opposite Party to refund the cost of carry bags and pay compensation for causing harassment and mental agony to the Complainant. The Opposite Party was also directed to deposit Rs. 25,000 as punitive damage.
Case Title: Jaspreet Singh v. 24 Seven
Coram: SMT. Priti Malhotra (Presiding Member), Shri S.K. Sardana (Member)
Case No.: Consumer Complaint No. 315/2022
Advocate for Complainant: Complainant in person
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(With input from news agency language)
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