Charged Rs 10 for paper carry bag at store, Karnataka man wins refund, Rs 10,000 payout

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A consumer commission in Karnataka has held a fashion retailer liable for deficiency in service and directed it to pay Rs 10,000 to a customer who alleged that he was charged Rs 10 for a paper carry bag while purchasing clothes.President H N Meena and member Tyagarajan C S of the Davanagere District Consumer Disputes Redressal Commission also directed the retailer to refund the Rs 10 charged for the carry bag and deposit Rs 20,000 with Consumer Legal Aid.“Several orders delivered in same matters of the carry bag of by this Honble Commission and various commissions and also confirmed same order…but OPs shops still continued the same malpractice uninterruptedly and rudely against the customers physically to grab the money of the customer,” the order dated August 10 read.According to the complainant, he had gone to purchase clothes from the opposite party’s (fashion retailer) store and was charged Rs 10 for a carry bag. The customer said that despite questioning the charge at the billing counter, his objections were ignored. According to the complaint, the customer later issued a legal notice to the retailer and argued that charging separately for a carry bag constituted a deficiency in service and an unfair trade practice.‘Eco-friendly initiative’The retailer defended itself, stating that the paper carry bags were sold as part of an eco-friendly initiative to encourage customers to bring reusable bags and reduce paper consumption.Also Read | Kerala store ‘refuses’ refund for son’s ill-fitting school uniform, father wins payoutIt argued that customers were informed about the additional charge through notices displayed in the store and were free to carry their purchases in their own bags or by hand. The company also said that the complainant had willingly purchased the carry bag after being informed of its price.Seller to put goods in ‘deliverable state’After examining the evidence, including the tax invoice, the commission noted that the bill clearly showed a separate charge of Rs 10 for the paper carry bag. Referring to Section 36(5) of the Sale of Goods Act, 1930, it observed that expenses incurred in putting goods into a deliverable state are ordinarily to be borne by the seller.Story continues below this adThe commission observed that the bags were used for making the purchased goods deliverable and that the retailer’s conduct amounted to an unfair trade practice and deficiency in service.“We are of the opinion that, the complainant has clearly established the unfair trade practice on the part of the (retailer) and also proves the violation of Sale of Goods Act, 1930. Thus the (retailer) failed to disprove the allegations of the complainant and also…failed to prove their case that, the carry bag was separately purchased by the customers of their own free will rather (they) have used the same for the purpose of putting the above said goods to make them in to a deliverable state,” the commission said.Also Read | Man loses money to scratch card ‘fraud’, bank to refund, compensateIt noted that despite several orders delivered in the same matters of the carry bag by the commission and various commissions, shops continue to indulge in the malpractice. The panel observed that the unfair trade practice of charging customers for carry bags must be discontinued immediately. It further clarified that the directions issued in the case are not confined to the opposite parties alone but are equally applicable to other large retail chains, malls, and supermarkets.Ruling in favour of the complainant, the commission directed the retailer to refund the Rs 10 collected towards the paper carry bag, pay Rs 5,000 as compensation for mental agony and Rs 5,000 towards litigation expenses. It also ordered the retailer to deposit Rs 20,000 with the Consumer Legal Aid account as punitive damages.Story continues below this adTakeawayThe order highlights the importance of fair trade practices and protecting consumers from unjustified charges. It also reminds retailers to respect consumer rights and comply with applicable laws while ensuring that customers are not unfairly burdened with additional costs.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Karnataka: 1800-425-9339) or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these stories:Kerala man wins Rs 1.36 lakh payout after missing connecting flight to RiyadhInsurer rejects child’s hospitalisation claim as ‘unnecessary’, father wins Rs 94,000 payoutStory continues below this adNew house left ‘incomplete and leaking’, man wins Rs 40,000 from contractor