Charging price of carry bag is deficiency of Service
Amit Kumar Tripathi v. M/s Reliance Retail Ltd. & Another
Before District Consumer Forum, Delhi.
Complaint allowed on 25.08.2023
Whenever we go to a retail store, I think we all have this experience, they charge price of carry bags along with the item sold unless few years back they were provided free of cost. And this trend has emerged since plastic carry bag were banned as plastic was posing environmental hazard. Of course, purchasing carry bag is not necessary if we carry our bags while going for shopping. Price of carry bag was charged by a reliance trend store at Delhi. The purchaser-complainant found it a deficiency in service and made a complaint before District Forum that in case the store intends to charge price of carry bag he has to make a specific display at the various places in the store that the carry bags are saleable in nature but this was not done. Hence he be paid price of carry bag and compensation towards physical and mental agony. He filed complaint before District Consumer Forum, Delhi and it was allowed.
Background
Complainant, Advocate Amit Kumar Tripathi in his complaint before the District Consumer Forum Delhi submitted that he purchased one T Shirt and one-Track Pant from Reliance Trends Delhi when he reached the billing counter the concerned billing clerk charged Rs.7/- for carry bag and he paid under the compelled circumstances. Rs.7/- for the carry bag and this is illegal & could not be charged. This amounts to deficiency in service and it is prayed that OP be directed to return Rs.7/- along with compensation of Rs.25,000/- as cost.
Objection of the Reliance Retail to the Complaint
1. Present complaint is an abuse of the process of law, it is without any cause of action.
2. The carry bag is a saleable item which the OP keeps at its sale profile & it also purchases the same from the open market as per agreement.
3. There is no compulsion to purchase the carry bag it is optional for a person either to purchase a carry bag or not.
4. In the present matter the complainant himself purchased the carry bag and was billed accordingly and therefore there was no deficiency on the part of the OP.
5. As per the outlet policy of the OP it is specifically mentioned that in case you don’t bring carry bag it can be made available at the store after charging the price.
6. In case he was compelled to purchase the carry bag he could have brought this to the notice of the store manager.
7. No complaint was made by the complainant to the store manager there.
8. The complaint is bereft of any merit, after thought, malafide and is liable to be dismissed.
Argument of the complainant
1. OP cannot charge for the amount of the carry bag in which the product sold is to be taken out by and in case he intends to charge he has to make a specific display at the various places in the store that the carry bags are saleable in nature.
2. Opposite party had nothing to rebut the argument of the complainant or any evidence to substantiate that it has displayed sign boards at various places in the store.
3. No photograph has been filed that such information has been given to the consumers by way of open circulation.
4. Even otherwise there is no specific document filed on record that carry bags are saleable or have been kept at a particular counter.
Order of the District Consumer Forum
1. OP cannot charge any amount for carry bag particularly for those articles which have been purchased from the store itself and charging any amount from customer amounts to deficiency in service.
2. The Commission vide its order dt.25.08.2023 held that there is deficiency in service and directed Reliance retail to return Rs.7/- as cost of carry bag & Rs.3000/- towards physical and mental agony and litigation cost with in 30 days from the date of order and in the event of failure will be liable for interest at the rate of 9% of interest from the date of Complaint till actual payment.
Seema Bhatnagar
