Rs 8,000 penalty slapped on retailer for charging unfair carry bag fee in Bengaluru

Bengaluru: A consumer court recently directed a city retailer to compensate a consumer with Rs 8,000 after their staff charged him Rs 22 for a carry bag and refused to waive off his parking fee.

Somashekar Reddy KV, a resident of Avenue Road, filed his complaint with the Bangalore 1st Additional District Consumer Disputes Redressal Commission in February, alleging that he was unjustly charged for a carry bag at the SPAR Hypermarket in Yelahanka.

Somashekar said he visited the store with his family on January 8, already carrying a bag. However, he was stopped at the main gate by a security guard who prohibited him from entering with it.

Somashekar proceeded to make a purchase of 18 items , amounting to Rs 3,037. At the billing counter, he expected to receive a complimentary carry bag, but was informed that it would cost him Rs 22. Protests were in vain as he had no alternative means to carry his purchased items.

The staff assured Somashekar that his two-wheeler's parking fee of Rs 20 would be waived due to his substantial purchase. However, the parking lot attendants refused the waiver and forced him to pay the fee after a quarrel.

The retailer denied unfair trade practices, claiming that purchasing a bag without the store's logo was optional. They also argued that the store displayed no notice prohibiting a visitor from bringing their own carry bag, and the staff raised no objections.

“All expenses incurred to put goods into a deliverable state shall be suffered by the seller,” the court ruled, adding that disallowing consumers from bringing their own carry bag is an unfair practice since it made them depend on the store.

The court ruled in favour of Somashekar, directing the hypermarket to refund the Rs 22 charged for the carry bag, exempt the “illegal” parking fee, and pay Rs 5,000 for unfair trade practices, mental agony, harassment, and humiliation. Additionally, Rs 3,000 was awarded as litigation expenses.

What the law says 

If retailers offer carry bags with their logo, they must be given for free. Charging money for carry bags with company insignia amounts to unfair trade practice and violates the Consumer Protection Act, the consumer court said. 

Carry bags without any company insignia can be charged an amount not exceeding Rs 20, which could be done only if it is clearly displays throughout the store that such carry bags are chargeable.