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STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
First Appeal No.289 of 2020
Date of Institution: 29.10.2020
Date of Decision : 28.01.2021
M/s Miniso G-78, Ground Floor, VR Punjab, NH 21, Mohali, Punjab-
140301, through its proprietor.
.….Appellant/Opposite Party
Versus
Reema Beri wife of Sh. Mohit Beri, resident of H.No.1406, Sector-15,
Panchkula.
…..Respondent/Complainant
First
Appeal
against
order
dated
10.08.2020
passed
by
District
Consumer
Disputes
Redressal
Commission, S.A.S. Nagar (Mohali).
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
Mrs. Kiran Sibal, Member
1) Whether Reporters of the Newspapers may be
allowed to see the Judgment?
Yes/No
2) To be referred to the Reporters or not?
Yes/No
3) Whether judgment should be reported in the Digest? Yes/No
Argued by:-
For the appellant : Sh. Manu Loona, Advocate
For the respondent : Ex-parte
……………………………………………………………………….
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT
The
instant
appeal
has
been
filed
by
the
appellant/opposite party against the order dated 10.08.2020 passed
by District Consumer Disputes Redressal Commission, S.A.S. Nagar
First Appeal No.289 of 2020
2
(Mohali) (in short “District Commission”), whereby the complaint of
the complainant under section 12 of the Consumer Protection Act,
1986 (in short ‘C.P. Act’) against opposite party (in short “OP”) was
allowed granting the following reliefs:-
“Accordingly, present complaint is allowed. It is ordered that
the OP will refund amount of Rs.10/- to the CC within 30 days
after the receipt of copy of this order. The OP will also pay
compensation to the CC to the tune of Rs.2,000/- (Rs.Two
Thousand only). It is further ordered that the OP will also
deposit Rs.30,000/- (Rs. Thirty Thousand only) in the Legal Aid
Account of this Commission. This special cost is imposed on
the OP, so that in future it may refrain from adopting such type
of malpractice. It is further ordered that OP will comply with
order of this District Commission within 30 days failing which
the CC will be entitled to interest @ 12% per annum on his
compensation amount.”
2.
It would be apposite to mention that hereinafter the
parties will be referred, as have been arrayed before the District
Commission.
Facts of the Complaint
3.
The brief facts for disposal of this appeal are that the
complainant visited the shop premises of OP on 30.06.2019 and
purchased different items for Rs.1690/-, but OP charged the amount
of Rs.1700/-, vide bill dated 30.06.2019 (Ex.C-1). She noticed that
OP charged additional amount of Rs.10/- for carry bag. She asked
OP for charging of addition amount of Rs.10/-, but she was told that
First Appeal No.289 of 2020
3
she would have to pay the bag charges. It is further averred that in
the entire shop premises, it was nowhere mentioned that OP would
charge for a carry bag also and it was very inconvenient for her to
carry the purchased items in hand without a carry bag and therefore,
she had no option but to pay for the carry bag. She never intended to
purchase the carry bag and it was to be provided by the OP free of
cost. She alleged deficiency in service and unfair trade practice on
the part of OP and prayed that OP be directed to refund Rs.10/-
charged for the carry bag; to pay Rs.50,000/- for causing
harassment and mental agony; and to pay Rs.20,000/- as litigation
expenses.
Defence of the Opposite Party
4.
Upon notice, OP failed to appear before the District
Commission and it was proceeded ex-parte vide order 13.01.2020
by the District Commission.
Evidence of the complainant and finding of the District
Commission
5.
In support of her case, the complainant placed on record
her affidavit alongwith document i.e. copy of bill
