DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA: AGARTALA

CASE NO: CC- 46 of 2019
Shri Manojit Saha,
S/O. Shri Tapan Saha,
Resident of House No.02/243,
Vill.-Vivekananda Palli,
P.O.-Amarpur, P.S.-Birganj,
Dist.-Gomati Tripura, Pin-799101
…..................Complainant.

-VERSUS-

Big Bazaar,
Ground Floor, 1st and 2nd floor,
Below;- Rupasi Cinema Hall,
Mantri Bari Road, Agartala,
West Tripura, Pin-799001
.......................................Opposite party.

__________PRESENT__________

SRI BAMDEB MAJUMDER

PRESIDENT,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.

SRI U. DAS
MEMBER,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.

SMT. DR B. PAL,
MEMBER,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA

COUNSEL

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 For the Complainant: In person.

For the O.P. : None appeared.

JUDGMENT DELIVERED ON: 25/09/2019

JUDGMENT
1. Being aggrieved and dissatisfied by the act of the O.P., Big Bazar,
Agartala. the Complainant Shri Manojit Saha filed a complaint U/S 12 of the
Consumer Protection Act, 1986 against the O.P. Big Bazar.

2. The Complainant's case, in short, is that the Complainant on

16/06/2019 (Sunday) visited the Big Bazar, Agartala and purchased a
Jeans pant for a consideration of Rs.499.50/- with a discount of 50% from
the original price. He was also made to purchase one paper bag for a
consideration of Rs.10/-. The Complainant noticed that nowhere in the bag
MRP of Rs.10/- was mentioned. The Big Bazar used that bag as a medium
of advertisement by way of having printed a caption on that bag
“FBB” which according to the Complainant attracts unfair trade practice
and also deficiency of service on the part of the O.P. Big Bazar. The
Complainant in his complaint asserted that the O.P. was supposed to
supply a bag free of cost to its customers so as to enable the customers to
carry the item purchased from their shop.

Alleging deficiency of service and unfair trade practice the

Complainant claimed Rs.70,000/- as compensation etc. and Rs.10/- being
the price of the paper bag, from the O.P. Big Bazar.

Hence this case.

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3. Notice was served upon the O.P., Big Bazar but the O.P. did not appear
to contest the case. So the case proceeded exparte against the O.P. by an
order dated 16/08/2019.

4. The Complainant filed Affidavit-in-Chief on 24/06/2019 and also

03(three) documents viz two Nos. Memo No.0002652 and 0002653 dated
16/06/2019, One paper Bag of the O.P. Big Bazar & Payment receipt /
customer copy dated 16/06/2019 in support of his case. He had filed those
documents along with the complaint dated 24/06/2019. These documents
were marked as Exhibit-I series.

5. Complainant produced the Statement on Affidavit-in-Chief and he

admitted what was stated by him in his complaint, hence it is not necessary
to repeat the same. The Complainant in his Examination-in-chief has prayed
for returned of Rs.10/- being the cost of paper bag and compensation
amount of Rs.70,000/- for harassment and mental agony including
litigation costs due to the unfair trade practice and deficiency of service of
the O.P.

6. We have gone through the evidence on record and the documents field
by the Complainant. We have also heard arguments from the Complainant.

After going through the paper bag which has been annexed with the
Consumer complaint we find that on the surface of the bag advertisement of
Big Bazar as “FBB” has been mentioned. By doing so the O.P. according to
us has utilized the Complainant - Consumer as their advertisement agent on
the price of the bag having been paid by the Complainant himself.

Based on the above evidence we record firm finding that there is unfair trade
practice on the part of the O.P. The O.P. by adopting such unfair trade
practice is minting a lot of money from the customers.
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7. In view of discussion made above we find and hold that the
Complainant has succeeded in establishing his case U/S 12 of the
Consumer Protection Act,1986. We find the O.P. Big Bazar guilty of
committing unfair trade practice.

Accordingly we order the O.P. to refund Rs.10/- being the price of the
paper bag and also to pay Rs.10,000/- as compensation for unfair trade
practices adopted by him and also Rs.5,000/- as cost of litigation. The
Complainant is accordingly entitled to get Rs.15,010/- (Rs.10/- +
Rs.10,000/- + Rs.5,000/-). The payment is to be made within 2 months
from the date of judgment, if not, it will carry interest @ 9% per annum till
the payment is made in full.
ANNOUNCED

SRI BAMDEB MAJUMDER

PRESIDENT,
DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
WEST TRIPURA, AGARTALA

SRI U. DAS
MEMBER,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.

SMT. DR B. PAL,
MEMBER,
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA
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