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Friday, 29 January 2021

Elante store charges for carry bag, fined

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, January 28

The District Consumer Disputes Redressal Commission, Chandigarh, has penalised a shop and directed it to pay a consumer 50 times the cost of a carry bag as the compensation for harassment and mental agony.

The case

Gurleen Kaur, a city resident, had approached the commission after a shop, Miniso, lower ground floor, Elante mall, charged her Rs10 for a carry bag. She said she objected to it, but the shop manager refused to budge. She alleged the shop committed a deficiency in service and indulged in an unfair trade practice.

The commission has also directed the shop to pay Rs1,100 as the litigation expenses.

Gurleen Kaur, a city resident, had approached the commission after a shop, Miniso, lower ground floor, Elante mall, Chandigarh, charged her Rs10 for a carry bag. She said she objected to it, but the shop manager refused to budge. She alleged the shop committed a deficiency in service and indulged in an unfair trade practice by charging for the carry bag.

However, the shop management denied any deficiency in services. The counsel of the shop claimed that the consumer was never forced or pressurised to buy the carry bag and that the complainant cooked up a false story to gain an undue advantage.

After hearing of the arguments, the commission noted: "The opposite party (shop) has miserably failed to produce on record any cogent, convincing and reliable piece of evidence in the shape of any rules/instructions authorising it to levy charges additionally for the carry bag."

"In the backdrop, charges of carry bags cannot be separately foisted upon consumers and the same would amount to an unfair trade practice on the part of the shop management. In our considered view, the price of the carry bag has generally been included by them in the profit margins of the product. The shop is minting a lot of money from gullible customers at all their stores across the country," says the order.

The court stated that in view of this, the shop is directed to refund Rs10, the price of the paper carry bag, along with Rs500 towards compensation for harassment and mental agony to the complainant. The shop has also been directed to pay Rs1,100 as the litigation expenses in a month from the date of the receipt of its certified copy, failing which it shall be liable to pay the amount along with an interest @9 per cent p.a.



from The Tribune https://ift.tt/2M5NcdL

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