July 7, 2021 4:34:41 am
Ahmedabad rural Consumer Disputes Redressal Commission on June 29 ordered a clothing store to pay Rs 1,500 to a city resident for charging Rs 10 for a carry bag from him.
As per the complaint of Maulin Fadia, a Shahibaug resident, in May 2019, he had bought clothes amounting to Rs 2,486 from a Brand Factory store and was additionally charged Rs 10 for a paper bag in the bill “without his knowledge”, “which was not a simple paper bag but a colourful bag with names of different branches of the defendant (BrandFactory).”
Fadia, before the commission, had sought compensation of Rs 25,000 for mental distress for falsely charging Rs 10 extra for the bag and subsequently the store refusing to acknowledge his objection to this extra payment. Fadia had also sought that the commission also direct the store to deposit an additional Rs 25,000 with the Consumer Welfare Fund.
As per the store’s lawyer HV Patel, it was submitted that opting for a paper carry bag is optional and no one “forces consumers to buy it” and those who do not require a carry bag are not charged the same. As per the store’s legal representative, the same has been clearly displayed at several spots in the store, including at the cash counters, and the store also submitted before the court that the complainant’s grievance was false.
As per Fadia’s legal representative, it was submitted that the store did not have displays at the time notifying that purchase of a carry bag is optional and it might have been placed later.
Following arguments from both sides, President J J Pandya of Consumer Disputes Redressal Commission of Ahmedabad rural jurisdiction along with Commission member Naina Patadiya ordered the store to pay the complainant Rs 1,000 for mental distress and Rs 500 as costs borne by the aggrieved consumer to pursue the matter before the Commission, within 30 days of receiving the commission’s order.
The store was also asked to pay back Rs 10 at eight percent interest from the date of the complaint.
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