The State Consumer Disputes Redressal Commission on Tuesday directed Domino’s, Sector 8, to pay damages of over ₹5 lakh each in two cases for charging ₹13.33 for a carry bag.
Justice Raj Shekhar Attri (retd), president of the commission, said, “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.”
Earlier, complainant Pankaj Chandgothia had filed a complaint before the District Consumer Disputes Redressal Forum against the Domino’s outlet in Sector 8, Chandigarh.
He stated complaint that on November 13, 2018, he had ordered two regular pizzas for takeaway. He was charged ₹305.89, which included ₹13.33 for the carry bag.
He contended that the practice was unfair trade practice and exploitation of the consumer. He pointed out that the carry bag had the name and logo of Domino’s, which amounted wrong advertising.
The District Consumer Disputes Redressal Forum gave an order in his favour, but Chandgothia pointed that in his case against Domino’s, the District Consumer Forum-1 awarded ₹100 as compensation and ₹500 as litigation expenses and ₹10,000 as punitive damages, while the District Consumer Forum- 2 in another similar case of Jitender Bansal awarded ₹1500 as compensation and litigation expenses and ₹5,00,000 as punitive damages.
{{/usCountry}}The District Consumer Disputes Redressal Forum gave an order in his favour, but Chandgothia pointed that in his case against Domino’s, the District Consumer Forum-1 awarded ₹100 as compensation and ₹500 as litigation expenses and ₹10,000 as punitive damages, while the District Consumer Forum- 2 in another similar case of Jitender Bansal awarded ₹1500 as compensation and litigation expenses and ₹5,00,000 as punitive damages.
{{/usCountry}}So, he moved state commission praying for uniformity in decisions.
The state commission stated, “In this case, the compensation awarded by the Forum-1 is inadequate and it should be equal to the relief granted in the case of Jitender Bansal on the basis of doctrine of equality which requires that in both the complaints, equal relief be granted.”
The commission directed Domino’s to provide free carry bags to all customers forthwith who purchase articles from its outlets; to refund ₹13.33 wrongly charged for the paper carry bag to the complainant and to pay ₹1,500 compensation for harassment and mental agony as well as litigation expenses.
Apart from this, it directed Domino’s to deposit ₹10,000 in the Consumer Legal Aid Account of the state commission and to deposit ₹4,90,000 in Poor Patient Welfare Fund (PPWF) of PGIMER, and submit the receipt thereof with the commission.
Also, the commission dismissed the appeal filed by Domino’s against the order of district forum in Jatinder Bansal’s case.