DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No. : CC/438/2018

Date of Institution : 04/09/2018

Date of Decision : 03/01/2019

[1] Pankaj Chandgothia S/o Late Shri R.S. Chandgothia, SCO No.14-15, Sector 28-C,
Chandigarh.

[2] Mrs. Sangeeta Chandgothia w/o Shri Pankaj Chandgothia, C/o SCO No.14-15,
Sector 28-C, Chandigarh.

…..Complainants

VERSUS

M/s Lifestyle International Pvt. Limited , Max Retail Division, Shop No.153, 1 st Floor, Elante
Mall, Plot No.178-178A, Industrial & Business Park, Phase-I, Industrial Area, Chandigarh,
through its Store Manager.

…… Opposite Party

QUORUM: RATTAN SINGH THAKUR PRESIDENT

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 MRS.SURJEET KAUR MEMBER

DR.S.K.SARDANA MEMBER

Sh. Pankaj Chandgothia, Complainant No.1 in person, as Counsel for

ARGUED BY :
Opposite Party No.2.

: Sh. Saurabh Gulia, Counsel for Opposite Party

PER Surjeet Kaur, Member

1. Adumbrated in brief, the facts necessary for the disposal of the instant Consumer
Complaint are that the Complainants selected and purchased certain articles from the
OP-Shop and took them to the billing counter for making necessary payment. At the
Counter, the Cashier handed over the said articles, without putting them into a carry bag, and
when asked to provide the same, the Complainants were told that they had to buy it for
Rs.5/-. It has been alleged that in the entire Shop premises, it was nowhere mentioned that
the Opposite Party would charge for a carry bag also. Having no option, the Complainants
paid Rs.5/- additionally. Alleging that the aforesaid acts amount to deficiency in service and
unfair trade practice on the part of the Opposite Party, the complainants have filed the instant
Consumer Complaint.
2. Notice of the complaint was sent to Opposite Party seeking its version of the case.
3. Opposite Party contested the Complaint and filed its reply, inter alia, admitting the
basic facts of the case. It has been pleaded that after the ban of Plastic bags by the Govt.,
answering Opposite Party purchased the Paper Bags, which are much costlier than the
Plastic bags, and started providing the same to its Customers on payment of its price. It has
been asserted that there was no legal obligation on the Opposite Party to provide any bag to
carry purchased item for free to its customers. Pleading that there is no deficiency in service
or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4. The complainants have filed a rejoinder, wherein they have reiterated all the averments,
contained in the complaint, and repudiated those, contained in the written version of
Opposite Party.
5. The parties led evidence in support of their contentions.
6. We have gone through the entire record along with the written arguments advanced by
the Parties and heard the arguments addressed by the Ld. Counsel for the Parties.
7. The factum of providing paper bags to its customers, on payment of additional price,
has not been disputed before us. It has been contended by the Complainants that it was
nowhere mentioned in the entire Shop premises that the Opposite Party would charge for a
carry bag. This fact has neither been admitted nor refuted by the Opposite Party in its written
version. At any rate, the Opposite Party has miserably failed to produce on record any

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 cogent, convincing and reliable piece of evidence in the shape of any rules/ instructions
authorizing it to levy charge additionally for the carry bag from the gullible Consumers.
8. The Opposite Party has urged that the carry bag was given to the Complainants only
upon confirmation from them with respect to the purchase of the paper bag. However, we
are not impressed with the same, in as much as if the Cashier informed the Complainants
about the purchase of carry bag before billing, the same amounts to unfair trade practice and
deficiency in service as it would have been very odd and inconvenient to the Complainants
to carry the new garments in hand throughout without a carry bag. In this backdrop, charges
of such things (paper bags) cannot be separately foisted upon the consumers and would
amount to overcharging.
9. The Opposite Party has also argued that post ban of plastic bags, it started providing
paper bags to its customers on payment of its price. However, we feel that banning of a
product does not entitle the Opposite Party to charge for its substitute and the Opposite Party
and all other shops like it are obliged to provide carry bags free of cost to carry the
purchased items to their customers, as the customers cannot be expected to carry the items in
hands.
10. It is noteworthy that said carry bag for which the Complainants had to shell out extra
amount from their pocket, is a printed carry bag on both sides, which has a prominent
display of the advertisement of the Opposite Party and is thus apparently serving as an
advertisement for them, whenever the said bag is carried by the Consumer. In this manner,
the Complainants and other gullible consumers like them have certainly been taken for a ride
by the Opposite Party for advertising their name. Undoubtedly, the Opposite Party has
several stores across the country and in the above said manner, made lot of money, thus, the
act of Opposite Party by forcing the gullible consumers to pay additionally for the paper
bags is surely and certainly amounts to deficiency in service and its indulgence into unfair
trade practice.
11. The sequence of the events of the present case, clearly establishes the highhandedness
of the Opposite Party of which the complainants became the victim and felt the burnt, as a
result the complainants have been left with no alternative, except to knock the doors of this
Forum, which further aggravated his pain & harassment. Thus, on this account, we deem it
proper to penalize the Opposite Party for indulging in such activity, thereby causing not only
loss, mental agony and physical harassment to the complainants, but also giving rise to
undesirable litigation and thereby wasting the precious time of this Forum. Therefore, the
Opposite Party is penalized with cost of Rs.10,000/- to be deposited in the “Consumer Legal
Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C,
Madhya Marg, Chandigarh in the name of Secretary, Hon’ble State Commission UT
Chandigarh.
12. In the light of above observations, we are of the concerted view that the present
complaint of the Complainant deserves to succeed against the Opposite Party, and the same
is allowed, qua them. The Opposite Party is directed:-

(i) To provide free carry bags to all customers forthwith who purchase
articles from its Shop;

(ii) To refund to the Complainants the amount of Rs.5/- wrongly charged

for the paper carry bag;

(iii) To pay Rs.1,500/- to the complainants towards compensation for

harassment and mental agony.

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 (iv) To pay Rs.1,500/- as litigation expenses.

(v) To deposit Rs.10,000/- in the “Consumer Legal Aid Account”

No.32892854721, maintained with the State Bank of India, Sector 7-C,
Madhya Marg, Chandigarh in the name of Secretary, Hon’ble State
Commission UT Chandigarh.

This order shall be complied with by the Opposite Party within one month from the date
of receipt of its certified copy, failing which, it shall be liable to pay the amount at Sr.No.(ii) to (iv)
to the complainants along with interest @ 12% p.a. from the date of filing of the present
Complaint, till its realization, besides compliance of directions as at Sr.No.(i). The amount
mentioned at Sr.No.(v) be deposited in the account aforesaid, within one month from the date of
receipt of its certified copy, failing which the same will carry interest @ 12% p.a. from the date of
this order till its deposit. A copy of this order be also sent to the Secretary (SCDRC), U.T.
Chandigarh, for necessary action.

1. The certified copies of this order be sent to the parties free of charge. The file be
consigned.

Sd/- Sd/- Sd/-

03/01/2019 [Dr.S.K.Sardana] [Surjeet Kaur] [Rattan Singh Thakur]

Member Member President

“Dutt”

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