Chandigarh: Pizza outlet to pay Rs 2.55 lakh for charging Rs 13 for carry bag

CHANDIGARH: The

National Consumer Disputes Redressal Commission

, New Delhi, while hearing Domino’s appeal against the UT State Commission’s order dated December 12, 2019, on sale of carry bags, has directed it to pay Rs 5,000 to the complainant by demand draft within four weeks and deposit Rs 2.5 lakh (about 50% of the awarded amount) with the District Forum, Chandigarh. The commission further stayed the order passed by UT’s state commission. A copy of the order passed by the

National Commission

on February 12 was received by the complainant on Sunday.


The National Commission bench comprising presiding member Prem Narain and member C Vishwanath issued the notice on Domino’s appeal for May 14, 2020.

In the order, the national commission stated that, “Issue notice to the respondent, returnable on May 14, 2020, subject to the petitioner directly remitting Rs 5,000 to the complainant by way of demand draft as to and fro and allied expenses, within four weeks. Meanwhile, order of the state commission shall remain stayed, subject to the petitioner depositing 50% of the awarded amount with the district forum within four weeks. The district forum shall keep this amount in a fixed deposit in a nationalized bank initially for a period of one year subject to renewal from time to time.”

Complainant Pankaj Chandgothia had first filed a complaint before the district forum-1, Chandigarh, against Domino’s outlet in Sector 8, Chandigarh, that on November 13, 2018, he had ordered two regular pizzas for takeaway. When the complainant saw the bill, he saw Rs 13 had been charged for a carry bag. Chandgothia contended that the charges of such things cannot be separately foisted upon the consumers.

Chandgothia referred to the Sale of Goods Act, 1930, of which Section 36(5) says that the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. “Deliverable state” means that the goods must be put in such a state that it is convenient to carry them, which means that the goods must be handed over in a carry bag to the customer.

He then approached the state consumer commission, where Justice (retd) Raj Shekhar Attri, president, state consumer disputes redress commission accepted the contention and held that “Domino’s has no right to recover the expenses borne by it on the packing of the goods and putting the goods in a deliverable state”, while dismissing the appeal filed by Domino’s and directed it to pay punitive damages of Rs 5 lakh.

The commission dismissed the appeal filed by

Dominos

with further costs of Rs 2,500 to be paid to the complainant and accepted the appeal filed by him with costs of Rs 2,500 to be paid by it.

The earlier order had directed Domino’s to provide free carry-bags to all customers forthwith who purchase articles from its outlet/selling centres.