BEFORE THE TELANGANA STATE CONSUMER DISPUTESs REDRESSAL COMMISSION: HYDERABAD.

FA.NO.79/2021A GAINSTO RDERSI N CC.NO.343/2019 DISTRICT CONSUMERC OMMISSION-IIH, YDERABAD Between:

1. The Managing Director, Star Bazar-Trent Hypermarket Private Limited, Sy.No.129/32, Ground Floor, Road No. 12, Banjara Hills, Hyderabad - 500 034.

2. The Managing Director, Trent Hypermarket Private Limited, Corporate Office at 1st Floor, Commercial Tower2, Kohinoor City, Kirol Road, Kurla (West)

Mumbai - 400 070, Maharashtra.

Appellants/Opposite Parties And Yerramalla Sanjay, S/o.Yerramalla Krishnaiah, Aged about 43 years, Occ: Private employee, R/o.Flat No.101, Gayathri Rama Castle Apartments, New Dilsukhnagar Colony, Dilsukhnagar, Hyderabad - 500 060.

.Respondent/Complainant Counsel for the Appellants/Opposite Parties: M/s.A.Venkatesh Counsel for the Respondent/ComplainantP: arty-in-person QUORAM: SRI JUSTICE M.S.K.JAISWAL, HON'BLE PRESIDENT THURSDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND TWENTY TWO Order

1. This is an appeal filed by the Appellants/Opposite P arties under Section-41 of the Consumer Protection Act,2019 praying this Commission to call for the records and allow the instant appeal by setting aside the order dated 23.12.2020 in CC.No.343 of

2019 passed by the District Consumer Disputes Redressal Commission-1, Hyderabad and award cost of appeal and for contesting the complaint in the Forum below.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellants are the Opposite Parties and the Respondent is the Complainant.

3. The facts in brief are that the Complainant went to Opposite Parties i.e., the Star Bazar Trent Hypermarket at Banjara Hills, Hyderabad on 31.05.2019 and purchased food items. The Opposite Party No.1 collected Rs.6/- for providing plastic carry bag which contained the logo and trade mark of Opposite Party No.2. The Complainant raised objection with Store Manager and Cashier that collecting amount for the plastic carry bag is unfair. Hence, the complaint.

4. The Opposite Parties filed their written version denying the allegations made by the Complainant. They stated that the Complainant instead of making M/s. Star Bazar Trent Hypermarket Pvt.Ltd., as a party, made the Opposite Parties as parties to the proceedings. They further contended that the complaint is bad for misjoinder and non-joinder of necessary parties and as such the complaint is liable to be rejected. They further stated that the Complainant filed the complaint just to extort money from the Opposite Parties. In order to promote or encourage the usage/promotion of plastic carry bags, but however, in the interest and convernience of its customers the same are kept for sale. Therefore, there is no unfair trade practice on their behalf and prayed to dismiss the complaint.

5. The Complainant filed evidence affidavit and Ex.A1 to A6 and Mol (plastic carry bag) are marked. The Opposite Parties filed evidence affidavit and got marked Ex.B1 to B3 on their behalf.

6. After hearing and upon perusal ^of material on record, ^the learned District Commission allowed ^{the complaint} by ^directing the Opposite ^{Parties to refund Rs.6/- with interest}@ 9% from the date of invoice i.e., Ex.A1, dated 31.05.2019 till realization; to pay ^a compensation of Rs. 10,000/- ^for inconvenience and mental agony caused to the Complainant; ^to pay ^Rs.5,000/- towards costs ^of litigation; other claims made by the ^Complainant is dismissed.

Time for compliance given as 45 ^{days from} the ^{date of receipt of} the order in default the Opposite Parties will have to pay further Rs.50,000/-) to the compensation of 40,000/ (Total Complainant.

Punitive damagesa warded U/s.1 4 of C.P.Act,1 986:

The District Commission directed the Opposite Parties to deposit the punitive damages ^{of Rs.1,50,000/-} within 45 days before this Commission and on such ^{deposit, Rs.1,00,000/-} to be remitted to the Telangana State C.M.Relief Fund for spending the same for the popular scheme "Haritha Haram" wh