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Case Law Details

Case Name : Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad)
Appeal Number : Consumer Case No. 310/2019
Date of Judgement/Order : 19/02/2021
Related Assessment Year :
Courts : District Court
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Baglekar Akash Kumar Vs More Megastore Retail Limited (District Consumer Disputes Redressal Commission, Hyderabad)

Disclosing the price of carry bags at the payment counter seems to be undoubtedly an ‘un-fair trade practice’ Under Section – 2 (1) (r) of the Consumer Protection Act, 1986 {Corresponding Section -2 (47) of the Consumer Protection Act, 2019}.

As a matter of Consumer rights, the consumer has the right to know that there will be an additional cost for carry bags and also to know the silent specifications and price of the carry bags, before he exercises his choice of patronizing a particular retail outlet before he makes his selection of goods for purchase from the said retail outlet.

The complainant relied upon the citation of the National Consumer Disputes Redressal Commission (NCDRC) reported in 2020 SCC Online NCDRC 495 in Revision Petition 975 of 2020 pronounced in Big Bazar (Future Retail Ltd.,) Vs. Ashok Kumar, in a batch Revision Petitions having similar facts while dismissing the Revision Petition of the opposite party by confirming the directions of the concurrent finding given by the District Commission and State Commission in which it observed that in Para No.15, unfair upon the part of the Revision Petitioner.

Apart from the above cited observations under the revision petition, the opposite party is selling the plastic bags having their Company Logo due to which Acts of them, they are using the complainants as tool of their Advertisement that leads to adoption of un-fair trade practice apart from deceptive nature of services and committal of spurious acts that should be highly objectionable. With the above observations we answered these points accordingly in favour of the complainant.

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