BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 25 OF 2023 AGAINST ORDERS IN C.C.146/2021.

DISTRICT CONSUMER COMMISSION, ADILABAD Between:

Ubbarapu Sridhar, S/o Late Chandraiah, Aged about : 27 years, Occ.: Private Employee, R/o Q.No.134/5/1, Radagambala Basthi, Bellampelli, Adilabad District, 505251.

…....Appellant/Complainant And:

1. Vishal Mega Mart, Karimnagar, Door No.1: 2-3-121, Door No.2; 2-3-133, 2-3-134 (New), Kaman Road, Karimnagar District, 505 001. 2. Vishal Mega Mart Pvt., Ltd., (Head Office).

Udyog Vihar Industrial, Area, Phase-1, Gurgaon-122016, (Near Rolta Tower).

…..Respondents/Opposite parties Counsel for the Appellant/Complainant : M/s.V.Shiva Shankar Babu Respondent No.1 /Opposite Party No.1 : Notice served Respondent No.2 /Opposite Party No.2 : Notice not served QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. K. RANGA RAO, MEMBER – (JUDICIAL)

WEDNESDAY, THE 27th DAY OF SEPTEMBER TWO THOUSAND TWENTY THREE **********

Order : (PER HON’BLE SRI. K. RANGA RAO, MEMBER – JUDICIAL)

1. This appeal is filed by the Appellant/Complainant u/s. 41 of the Consumer Protection Act, 2019, praying this State Commission to set aside the impugned order, dated 07.09.2022 passed by the District Commission, Adilabad in CC No.146/2021 and to allow this appeal and allow the complaint CC No.146 of 2021 as prayed for and pass such other order or orders as this Commission deem fit and proper in the circumstances of the case.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellant was the complainant and Respondents were the opposite parties in C.C.146/2021

3. The complainant filed complaint vide CC No.146/2021 against the Opposite parties before the District Consumer Disputes Redressal Commission, Adilabad, praying the District Commission to direct the opposite party :-

(i) to supply the carry bag free of cost to the customers whoever purchases commodities in their store.

(ii) to refund an amount of Rs.3/- towards the charges collected from the complainant for carry bag.

(iii) to pay compensation of Rs.2,00,000/- as damages for causing mental agony, pain, inconvenience, hardship, harassment, both mentally, physically and monetarily on account of resorting to unfair trade practice acting negligently and rendering deficiency services;

and (iv) pay costs of Rs.5,000/-.

4. The District Commission vide its order dated 07.09.2022 dismissed the said Consumer Complaint No.146/2021 for default/non-prosecution.

5. Aggrieved by the said orders of the District Commission, the complainant as the Appellant filed this appeal with the following grounds:-

 The order of the District Commission passed in CC

146/2021 is contrary to law and facts of the case.

 The District Commission has not appreciated the question of facts in its true perspective that there is deficiency in service to the complainant by the opposite parties who indulged in unfair trade practice.

 The District Commission ought to have allowed the complaint as prayed for basing on the facts of the case and question of law.

 The District Commission has not taken into consideration the plight of the complainant and passed the order in Consumer Complaint in a casual manner without understanding the concept and object of Consumer Protection Act.

With the above grounds the Appellant/complainant prayed this State Commission to allow the appeal by setting aside the impugned order, dated 07.09.2022 passed by the District Commission in CC 146/2021 and to allow the said CC as prayed for and to pass such other order or orders as this Commission may deem fit and proper in the circumstances of the case.

6. It is to be mentioned that at the time of admission of the appeal, the learned counsel for the appellant brought it to the notice of the Bench, that the District Commission, Adilabad, dismissed the Consumer Complaint No.146/2021 for default/non- prosecution of the complaint by the complainant. He being the Advocate, d