It clearly states that customers should not be forced to pay for carry bags unless they give their clear approval. If shops still charge for such basic packaging, they could face legal action and heavy penalties.
Lucknow, Uttar Pradesh: The District Consumer Disputes Redressal Commission – I, Lucknow has found Vishal Mega Mart guilty of unfair trade practice and deficiency in service. This was because they forced a customer to pay Rs.18 for a carry bag without asking for his permission.
The bench of President Neelkanth Sahay, Member Sonia Singh, and Member Kumar Raghvendra Singh clearly stated that “charging for essential packaging without customer approval runs contrary to accepted retail norms and legal precedents.”
Brief Facts:
The matter began when Mr. Shashi Kant Shukla went shopping at Vishal Mega Mart and bought a shirt worth Rs. 599. However, when he received the bill, it showed an amount of Rs. 616 – Rs.18 more than the price of the shirt.
This extra charge was for the carry bag. Mr. Shukla was surprised and objected to paying for the bag, saying that he never asked for a carry bag and that his permission was not taken. Even after raising his concern, the store staff insisted that he pay the full amount. As a result, he had no choice but to pay the extra charge.
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After this incident, Mr. Shukla sent a legal notice to Vishal Mega Mart. However, the company did not respond. So, Mr. Shukla decided to file a formal consumer complaint with the District Consumer Disputes Redressal Commission in Lucknow, accusing the store of unfair trade practice and poor service.
During the legal proceedings, Vishal Mega Mart did not show up in front of the Commission, so the matter was heard ex parte (in their absence).
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 also referred to a similar decision made earlier by the National Consumer Disputes Redressal Commission (NCDRC) in the case of Big Bazaar (Future Retail Ltd.) vs. Sahil Dawar in 2020.
The NCDRC upheld the decisions of the District and State Commissions, ruling in favor of the consumers. The Commission held that:
- Charging for carry bags without prior and prominent disclosure constitutes an unfair trade practice.
- Consumers have the right to be informed about any additional charges before making a purchase decision.
- The practice of imposing such charges without disclosure is a deficiency in service.
In that case too, it was held that asking customers to pay for carry bags without their consent is both a deficiency in service and an unfair trade practice.
Taking all this into account, the Commission ruled in favor of Mr. Shukla. Vishal Mega Mart was ordered to:
- Refund Rs. 18 to Mr. Shukla within 45 days of the order,
- Pay 9% interest per annum on the Rs. 18 from the day it was charged until the day it is refunded,
- Pay Rs. 25,000 as compensation for the mental and physical harassment faced by Mr. Shukla,
- Pay Rs.10,000 as litigation expenses.
The Commission further 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-1, Lucknow
- Advocate for Complainant: L.P. Yadav
