Bata India Limited Service Deficiency Case

3.
3 Bata India Limited

Introduction: The moment a person comes into this world, he starts consuming. He needs milk, clothes,
oil, soap, water and many more things and these needs keep taking one form or the other all along his life.
Thus, we all are consumers. When we approach the market as a consumer, we expect value for money,
i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be
instances where a consumer is harassed or cheated. He may be supplied with goods which do not
perform as per their description or have one or more defects. Likewise, in case of services, there may be
deficiency. In India, many legislations have been enacted over all these years to safeguard the interests of
the consumers. These legislations are designed to control product, supply, distribution, price and quality
of many goods and services. Government has also been empowered to regulate the terms and conditions
of sale, nature of trade and commerce, etc. The Consumer Protection Act was enacted in 1986
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION: The National Consumer

Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up
in 1988 under the Consumer Protection Act of 1986. Its head office is in New Delhi. The commission is
headed by a sitting or retired judge of the Supreme Court of India. The commission is presently headed
by Justice R K Agrawal, former judge of the Supreme Court of India.
Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have
jurisdiction:- to entertain a complaint valued more than one crore and also have Appellate and Revisional
jurisdiction from the orders of State Commissions or the District fora as the case may be.
Section 23 of Consumer Protection Act, 1986, provides that any person aggrieved by an order of
NCDRC, may prefer an Appeal against such order to Supreme Court of India within a period of 30 days.
What is the case at Bata India Limited???
Problem Statement: The Bata India Limited is not only charging for the cover bag but also
Endorsing his brand Which is injustice.
Chandigarh resident Dinesh Prasad Raturi, told the consumer forum that he had purchased a pair
of shoes on February 5 from a Bata store located in Sector 22D. The store charged him Rs 402 which
also included charges for the paper bag. Raturi told the forum that by charging him for the bag, Bata was
also endorsing its brand on the bag which was not justified.
The complainant sought a refund of Rs 3 and compensation for deficiency in services. Countering this,
Bata India refuted the allegations of deficiency in services.
Verdict of Bata Case:

The Chandigarh consumer forum said compelling a customer to pay for a paper bag was a clear
deficiency in service as it was the store's duty to provide a free bag to the customer who had purchased
their product.
1.The consumer forum has also directed Bata India to provide free paper bags to its customers. It also
observed that if the companies were really worried about the environment, they should provide free
environment-friendly bags to their customers.
2.The forum in its decision has directed Bata India Limited to refund the cost of the bag (Rs 3) and
litigation charges, i.e. Rs 1000.
3.Besides asking Bata to pay Rs 3000 as compensation to the customer for the mental agony caused by
deficiency in services, the forum has also directed the leading shoe brand to deposit Rs 5,000 in the legal
aid account of the State Consumer Disputes Redressal Commission.
What is the Legal Account???
Under Section 2(1)(c) of the Legal Services Authorities Act, 1987 (hereinafter referred to as ‘the said
Act';), “Legal Service” includes the rendering of any service in the conduct of any case or other legal
proceeding before any court or other authority or tribunal and the giving of advice on any legal matter;
To provide free and competent legal services to the weaker section of the society was the basic object of
enacting the aforesaid Act. Justice - social, economic and political, is our constitutional pledge enshrined
in the preamble of our Constitution. The incorporation of Article 39-A in the Directive Principles of
State Policy in the year 1976, enjoined upon the State to ensure justice based on equal opportunity by
providing free legal aid.
Reference:
Introduction
“https://consumereducation.in/monograms/7_diffective_goods_and_deficiency_o_services_vis_A_Vis
_consumer.pdf”
About the Bata India Limited Service Deficiency case and Verdict
“https://www.indiatoday.in/india/story/bata-fined-rs-9000-for-asking-consumer-to-pay-rs-3-for-carry-
bag-1501699-2019-04-14”
About Legal Aid “http://www.legalserviceindia.com/article/l206-Legal-Aid.html”

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3.

3 Bata India Limited

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION: The National Consumer

Verdict of Bata Case:

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