In a recent order, the District Consumer Disputes Redressal Commission – I, Lucknow has held Vishal Mega Mart liable for engaging in unfair trade practice and deficiency in service by compelling a consumer to pay Rs. 18 for a carry bag without obtaining prior consent.
The Bench comprising President Neelkanth Sahay, Member Sonia Singh, and Member Kumar Raghvendra Singh observed that charging for essential packaging without customer approval runs contrary to accepted retail norms and legal precedents.
Background of the Case
The complainant, Mr. Shashi Kant Shukla, had purchased a shirt worth Rs. 599 from Vishal Mega Mart. However, he was handed over the shirt in a carry bag and was billed Rs. 616—an additional Rs. 18 being charged for the bag. Mr. Shukla objected to the imposition of this fee, asserting that he had not asked for a bag, nor was his consent sought. Despite this, the store compelled him to pay the full amount.
Following this, the complainant issued a legal notice to Vishal Mega Mart, which was ignored by the company. He then filed a consumer complaint before the District Consumer Disputes Redressal Commission – I, Lucknow, alleging unfair trade practice and deficient service.
Proceedings and Observations
Vishal Mega Mart did not appear before the Commission during the proceedings and was thus proceeded against ex parte.
The Commission noted that retail entities are expected to provide essential packaging like carry bags as a basic service, free of cost, unless the customer has explicitly opted out. The Commission relied on the NCDRC’s 2020 ruling in Big Bazaar (Future Retail Ltd.) vs. Sahil Dawar, which held that charging customers for carry bags amounts to deficiency in service and an unfair trade practice.
Relief Granted
In view of the above, the District Commission ruled in favor of the complainant and directed Vishal Mega Mart to:
- Refund Rs. 18 to the complainant within 45 days of the order,
- Pay 9% interest per annum on the Rs. 18 from the date it was charged till the date of payment,
- Pay Rs. 25,000 as compensation for mental and physical distress,
- Pay Rs. 10,000 as litigation expenses.
The Commission also warned that failure to comply with the compensation and litigation cost directive would attract 12% interest per annum on the due amount.
Case Details
- Case Title: Shashi Kant Shukla vs Vishal Mega Mart
- Forum: District Consumer Disputes Redressal Commission – I, Lucknow
- Advocate for Complainant: L.P. Yadav
