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Ludhiana | Easy Day penalised for charging ₹4 for carry bag
In his complaint, the Ludhiana resident had accused the Easy Day, Rishi Nagar, outlet of “unfair trade practices” and “deficiency in service” for charging for the carry bag
District Consumer Disputes Redressal Commission, Ludhiana, directed Easy Day supermarket in Rishi Nagar to refund ₹4 charged from a complainant for a carry bag and pay a ₹2,000-compensation, along with ₹1,000 in litigation cost.
In his complaint, Rishi Kumar of Rishi Nagar, had accused the supermarket of “unfair trade practices” and “deficiency in service”.
On March 24, 2019, the complainant purchased a grocery item from the said retail outlet for ₹138. He alleged that in addition to the cost of the product, the supermarket charged an extra amount of ₹4 for the carry bag, which had an endorsement of the brand’s logo.
“Charging an extra amount of ₹4 for the carry bag amounts to deficiency of service on the part of Easy Day,” he contended, seeking a refund of ₹4, along with the compensation and litigation expenses of ₹30,000.
The respondent resisted the same and sought dismissal of the complaint contending that the complainant was informed at the cashier’s counter that in the event of him asking for a new carry bag for purchases from the store, he would have to pay ₹4, as the practice encouraged customers to bring their own bags, and reduced plastic waste.
The counsel for the complainant argued that no notice was exhibited prominently in the said showroom that the customers would be charged the price of the carry bag.
The counsel added that prominent prior notice and information should necessarily be there and the consumer should be informed of the additional cost for carry bags and of their salient specifications and price before he makes his selection of goods.
However, the counsel for the supermarket contended, “If the consumer prefers not to carry bag and wants the shopkeeper supply the same, he must pay extra for it. The Consumer Protection Act is meant for saving consumers from being exploited and it is not meant to have windfall or make buyers millionaires overnight”.
Commission’s order
Meanwhile, the commission observed that if a shopkeeper intends deviating from the past practice of supplying the free carry bag to the customer, he is required to give adequate prominent prior notice before the consumer makes his choice of patronising a particular retail outlet.
It added that if no such prior notice is given and the factum of charging the carry bag is disclosed to the complainant at the payment counter only, that amounts to causing harassment and embarrassment to the consumer, which tantamount to unfair trade and deceptive practice.
“Opposite Party shall refund the amount of ₹4 to the complainant. The OP shall further pay a sum of ₹2,000 as compensation and ₹1,000 as cost of litigation to the complainant”, the commission pronounced.
