2 weeks ago
Karnataka man wins Rs 10,000 over Rs 10 carry bag
A man in Karnataka went to a clothes shop and bought some clothes.
At the billing counter, the shop charged him an extra 10 rupees for a paper carry bag.
When he questioned the charge, he said his complaint was ignored.
So he took the matter to a consumer court that settles disputes between shoppers and shops.
The court agreed with him and said the shop was not being fair.
The shop explained that the bag was part of an eco-friendly plan to encourage customers to bring their own bags.
The court still ruled that shops must cover the cost of making goods ready for the customer.
The shop had to return the 10 rupees and pay the man 10,000 rupees for the trouble.
It also had to give 20,000 rupees to a consumer legal aid account as a punishment.
The court said all shops, malls, and supermarkets should stop charging for carry bags.
The Davanagere District Consumer Disputes Redressal Commission held a fashion retailer liable for deficiency in service over a Rs 10 paper carry bag charge.
The customer was charged Rs 10 for a paper carry bag while buying clothes and said his objections at the billing counter were ignored.
The commission ordered a refund of Rs 10, Rs 5,000 for mental agony, Rs 5,000 for litigation expenses, and Rs 20,000 deposited with Consumer Legal Aid.
The retailer defended the charge as an eco-friendly initiative, saying customers were informed through notices in the store and could carry purchases by hand or in their own bags.
Citing Section 36(5) of the Sale of Goods Act, 1930, the commission said expenses for putting goods into a deliverable state must be borne by the seller.
The commission said the directions apply not just to the retailer but to other large retail chains, malls, and supermarkets.
- Who
- A customer of a fashion retail store in Karnataka and the Davanagere District Consumer Disputes Redressal Commission, led by President H N Meena and member Tyagarajan C S.
- What
- The commission ruled that charging Rs 10 for a paper carry bag was an unfair trade practice and deficiency in service, ordering compensation to the customer.
- Where
- Davanagere, Karnataka, India.
- When
- Order dated August 10.
- Why
- Under Section 36(5) of the Sale of Goods Act, 1930, expenses for putting goods into a deliverable state must be borne by the seller.
Consumer Protection View
Retailer's Defence
Charging for carry bags
Consumer Protection View
Charging separately for a carry bag constitutes an unfair trade practice and deficiency in service that must be discontinued immediately.
Retailer's Defence
Paper carry bags were sold as part of an eco-friendly initiative to encourage customers to bring reusable bags and reduce paper consumption.
Informed consent
Consumer Protection View
The customer's objections at the billing counter were ignored despite his questioning the charge.
Retailer's Defence
Customers were informed about the extra charge through notices displayed in the store and were free to carry purchases in their own bags or by hand.
Who bears packaging costs
Consumer Protection View
Under the Sale of Goods Act, 1930, the seller must bear expenses for putting goods into a deliverable state.
Retailer's Defence
The complainant willingly purchased the carry bag after being informed of its price.
Key facts
- Total payout to customer
- Rs 10,000 (Rs 5,000 mental agony compensation + Rs 5,000 litigation expenses)
- Carry bag refund
- Rs 10
- Punitive damages
- Rs 20,000 deposited with Consumer Legal Aid
- Legal basis
- Section 36(5) of the Sale of Goods Act, 1930
- Adjudicating body
- Davanagere District Consumer Disputes Redressal Commission
- Order date
- August 10
- Retailer's defence
- Eco-friendly initiative; customers informed via store notices and free to use own bags
- Consumer helplines
- Karnataka: 1800-425-9339; National Consumer Helpline: 1915
Quotes
H N Meena, President of the Davanagere District Consumer Disputes Redressal Commission
Presiding officer of the district consumer disputes commission
““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.”
indianexpress.com
““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.””
indianexpress.com
Sources
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