A Bengaluru court fined Tonique for charging a customer for a carry bag that displayed the store’s branding, calling the act “unprofessional and unfair.” The court also ordered the company to pay Rs.5,000 in compensation to the customer.
Bengaluru: A consumer court in Bengaluru ordered the liquor retailer Tonique to pay Rs 5,000 to a customer for charging him for a carry bag that bore the store’s brand name, logo, and details.
The Bengaluru Urban District Consumer Disputes Redressal Commission heard a complaint filed by Praveen B., a 31-year-old resident of St. Thomas Town, last month. The court also directed Tonique to contribute Rs 1 lakh to the consumer welfare fund as compensation for engaging in unfair trade practices.
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The complaint filed following an incident on November 23, 2023. Praveen had purchased beverages worth Rs 1,585 from Tonique and was charged Rs 14.29 for a carry bag that featured the store’s branding.
He argued that “this constituted a“deficiency in service and unfair trade practice,” referencing prior consumer forum rulings that indicated businesses should not charge customers for branded bags since they act as advertisements.
In its defense, Tonique asserted that the customer had voluntarily requested the bag and was informed of the charge in advance. The store also claimed that the customer had other options, such as bringing his own bag, carrying the items by hand, or picking them up later with a bag from home.
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However, the Commission dismissed these arguments, labeling Tonique’s response as “unprofessional and unfair.” It observed that the customer may have been in a situation where carrying a bag was not feasible.
The Commission ruled that charging for a bag that also serves as advertising is an unfair trade practice. In addition to covering litigation costs, it ordered Tonique to refund the Rs 14.29 charged for the carry bag.
Under the Consumer Protection Act, 2019, charging customers for branded carry bags without consent may violate several provisions:
Section 2(11): Deficiency in Service
Forcing customers to pay for a branded bag can be seen as a service deficiency, particularly when the bag serves as advertising for the seller.
Section 2(47): Unfair Trade Practice
Mandating payment for a carry bag with the retailer’s logo may qualify as an unfair trade practice, as it benefits the seller at the consumer’s expense.
Section 39: Powers of the District Commission
The consumer court can order the cessation of such practices, direct refunds, award compensation, and impose litigation costs.
Courts have clearly said that branded carry bags are a type of unwanted advertisement. Shopkeepers cannot force customers to pay for them unless the customer agrees to take the bag on their own.