District Consumer Disputes Redressal Forum, U.T. Chandigarh: The Bench of Rattan Singh Thakur (President) and Surjeet Kaur and Suresh Kumar Sardana (Members) recorded a firm finding in the present case against the footwear brand “BATA”, stating that it involved in “unfair trade practice.”
In the present case, the complainant stated that, on visiting the shop premises of “BATA”/OP in order to purchase a pair of shoes. The complainant’s bill on purchasing a pair of shoes came out to be of Rs 402. Cashier of “OP” handed over the shoes in a paper carry bag bearing the advertisement name of the shop “BATA”. Complainant stated that it had no intention to purchase the carry bag and it was OP’s duty to provide the carry bag. But complainant was forced to pay for the same.
Hence the complainant submitted that it was unfair trade practice and prayed for punitive damages.
Opposite Party has contested that for the purpose of environmental safety, the complainant was given carry bag at the cost of Rs 3.
The forum stated that if the OP is an environmental activist, he should have given the carry bag to the complainant free of cost. It was a gain of OP. By employing unfair trade practice, OP is minting a lot of money from all customers.
Thus, the forum was of the view that the present complaint deserves to succeed against the OP and further directed OP with the following directions-
- To provide free carry bags to all customers forthwith who purchase articles from its Shop and stop unfair trade practice i.e. to charge for carry bag;
- To refund to the complainant the amount of Rs 3 wrongly charged for the paper carry bag;
- To pay Rs 3,000/- to the complainant towards compensation for mental and physical harassment;
- To pay Rs 1,000 as litigation expenses;
- By way of punitive damages, to deposit Rs 5,000 in the “Consumer Legal Aid Account”
Certified copies of the above order were directed to be sent free of cost. [Dinesh Parshad v. Bata (I) Ltd., Consumer Complaint No. CC/64/2019, Order date 09-04-2019]