A consumer forum in Punjab has ruled that retail stores cannot force customers to pay extra for carry bags used to deliver purchased goods, ordering a Zirakpur convenience store to compensate a customer who was billed Rs 10 for a bag.
Penalty and Refund Directives
The Ropar District Consumer Disputes Redressal Commission directed the 24 Seven Convenience Store at Square One in Singhpura, Zirakpur, to refund the Rs 10 carry bag charge to shopper Anish Kansal. Additionally, the tribunal ordered the store to pay Rs 500 as compensation for mental agony, harassment, and inconvenience, along with Rs 1,100 towards litigation costs.
The retailer has 45 days from the receipt of the certified order copy to comply with the ruling. Should the business fail to pay within the stipulated timeframe, the complainant is permitted to initiate execution proceedings under the Consumer Protection Act, 2019.
Background of the Dispute
The case stems from a transaction on January 1, 2022, when Kansal bought food items and groceries worth approximately Rs 943 from the outlet. The itemised bill included a separate Rs 10 charge for a 20-by-20-inch non-woven carry bag.
Kansal issued a formal legal notice to the retailer, but received no reply. He subsequently approached the commission, alleging that mandatory fees for carry bags constituted an unfair trade practice.
Ex Parte Proceedings and Merits
The bench, comprising Commission President Kuljit Pal Singh and members Ranvir Kaur and Ramesh Kumar Gupta, noted that the retailer failed to submit a written response within the statutory timeline or contest the case. Consequently, the panel proceeded ex parte and evaluated the dispute on its merits under Section 38(3)(c) of the Consumer Protection Act, 2019.
The tribunal confirmed that the unrefuted store bill clearly demonstrated the separate Rs 10 charge for the carry bag.
Legal Rationale and Consumer Rights
In its July 9 order, the bench highlighted Section 36(5) of the Sale of Goods Act, 1930, which mandates that sellers must bear the costs associated with placing goods into a deliverable state unless contractually agreed otherwise. The commission observed that the bag was not purchased as an independent item but was used strictly to pack and deliver the bought groceries.
The panel also noted that branded carry bags carry logos and store names, effectively serving as promotional material for the business. Shifting these commercial delivery costs onto shoppers without prior notice amounted to unjust enrichment and deficiency of service.
Referencing the National Consumer Disputes Redressal Commission’s ruling in Big Bazaar (Future Retail Limited) vs Sahil Dawar, the commission reiterated that retailers cannot impose bag charges at the checkout counter without providing consumers prior informed consent before they select their items.
