The Complainant’s argument is that on June 16, 2019 (Sunday), the Complainant went to the Big Bazar in Agartala and purchased a pair of Jeans pants for Rs.499.50/-, which was a 50% discount from the original price. He was also forced to buy one paper bag for Rs.10/-. The complainant noticed that the bag’s MRP of Rs. 10/- was not mentioned anywhere. According to the Complainant, the Big Bazar exploited the bag as a medium of advertisement by printing a caption on it FBB, which invites unfair trade practises and a lack of service on the part of the O.P. Big Bazar. In his complaint, the Complainant claimed that the O.P. was required to provide a free bag to its customers in order for them to carry the item purchased from their shop. The Complainant requested Rs.70,000/- as compensation and Rs. 10/- as the price of the paper bag from the O.P. Big Bazar, alleging lack of service and unfair commercial practise.
Notice was issued but the O.P. did not appear to contest the case. As a result, the case was decided ex parte against the O.P. by the court dated August 16, 2019.
In his Examination-in-chief, the Complainant requested a refund of Rs.10/- for the cost of the paper bag, as well as compensation of Rs.70,000/- for harassment and mental anguish, including litigation costs, as a result of the O.P.’s unfair trade practise and deficiency of service. We reviewed the evidence on file as well as the documents submitted by the Complainant. We’ve also heard the Complainant’s arguments. After looking through the paper bag that was attached to the Consumer complaint, we discovered that Big Bazar was advertised as FBB on the surface of the bag. According to us, the O.P. has used the Complainant – Consumer as their advertising agent, with the price of the bag paid by the Complainant himself. Based on the foregoing evidence, we reach the firm conclusion that the O.P. is engaging in unfair trade practises. The O.P. is making a lot of money from customers by engaging in such unethical business practises.
In light of the above discussion, we find and hold that the Complainant has established his case under Section 12 of the Consumer Protection Act of 1986. The O.P. Big Bazar is found to have engaged in unfair trade practises. As a result, we order the O.P. to refund Rs. 10 as the price of the paper bag, as well as to pay Rs. 10,000 as compensation for unfair trade practises and Rs. 5,000 as litigation costs. As a result, the Complainant is entitled to Rs. 15,010/- (Rs. 10/- + Rs. 10,000/- + Rs. 5,000/-). If the payment is not made within two months of the date of judgement, it will be subject to interest at the rate of 9% per year until the payment is made in full.