THE DISTRICT Consumer Forum of Panchkula on Thursday held that rounding off to a rupee is not required when a bill payment is made digitally.
The forum, headed by president Satpal, observed that the grievance of complainant Pankaj Chandgothia with regard to charging of Rs 0.22 by Domino’s on the pretext of rounding off is justified and reasonable as the payment was made by the complainant through his debit card. There should not have been any problem in punching the amount of Rs 1,263.78.
Chandgothia had filed a complaint that on December 31, 2017, he had ordered nine takeaway dishes from Domino’s in Sector 9, Panchkula. He was asked to pay an amount of Rs 1,264 against 1263.78 as the bill price. He had protested against the addition of Rs 0.22 in the bill amount on the pretext of rounding off. However, the cashier expressed his inability to correct the same claiming the rounding off was inbuilt in their software.
Chandgothia in his complaint mentions that the cashier had handed over nine items without putting them into a carrybag. “The respective items were separately packed in two cardboard boxes which were hot and difficult to carry in hand. When the complainant asked the sold items to be put in a carry bag, the cashier said that they do not provide any carry bag to the customer but he can buy a paper bag for Rs 14. The complainant had no option but to pay Rs 14 through card and take the carry bag,” reads the order.
The court has ordered Domino’s to refund the complainant Rs 0.22 charged on the pretext of rounding off, Rs 14 wrongly charged for the paper carry bag, and to pay a lump sum amount of Rs 2,500 to the complainant on account of mental agony, harassment and cost of litigation charges.
Regarding the charging amount of paper carry bag, the court cited the order of the State Commission of Chandigarh, dated December 12, 2019, which had held that the sellers are under a legal obligation to put the goods in a deliverable state as per provisions of sub-section 5 of Section 36 of the Goods Act, 1930.
“Moreover, the carry bag in question for which the complainant had to shell out extra amount from his pocket is a printed carry bag on both sides, which has a prominent display of the advertisement of the Opposite Party (OP) and is thus apparently serving as an advertisement for them, whenever the said bag is carried by the customer. In this manner, the complainant and other gullible consumers like him have certainly been taken for a ride by the OP for advertising their name,” reads the order.
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