East Delhi District Commission Holds Max Fashion Liable For Charging For A Carry Bag Without Informing Buyer

Brief Facts:

Mr Anmol Malhotra (“Complainant”) visited a Max Fashion store and purchased a few items worth Rs. 706. When the Complainant saw the bill, he noticed that he was charged Rs. 7 for a paper carry bag. The Complainant contended that this charge was levied on him without prior notice or intimation. He was neither informed about it inside the store nor outside the store by anyone. Feeling aggrieved, he filed a consumer complaint in the District Consumer Disputes Redressal Commission, East Delhi, Delhi (“District Commission”)

Max Fashion submitted that the imposition of a charge for the paper carry bag was a result of the government's ban on plastic bags. It claimed to have purchased costlier paper bags as an alternative and it only offers the paper bags to the customers on a voluntary payment basis. It further argued that there was no legal obligation to provide carry bags for free, and customers, including the Complainant, voluntarily consented to pay Rs. 7 for the paper bag. It further contended that the communication within their stores expressly informs customers that they are free to bring their carry bags if they choose not to purchase one.

Observations by the Commission:

Referring to the argument made by Max Fashion, the District Commission relied on the decision of the National Consumer Disputes Redressal Commission (NCDRC) in the case of Big Bazaar Future Retail Ltd. versus Sahil Dawar and held that arbitrarily imposing an additional cost for carry bags, especially without adequate notice or information to consumers before making their selection or purchase, constitutes an unfair and deceptive trade practice.

The District Commission further noted that the question in the complaint wasn't about the type of bag used but rather whether the imposition of an additional cost for carry bags at the time of payment, without prior notice, was permissible. The District Commission noted that the Complainant substantiated his case by providing photographs demonstrating the lack of notice served to consumers before making purchases. Imposing such charges at the time of payment not only causes inconvenience and harassment but also hinders the consumer's right to make an informed decision about patronizing a specific outlet.

Consequently, the District Commission held that Max Fashion's stores cannot charge any amount for carry bags, especially for items purchased directly from the outlet. It directed Max Fashion's store to refund Rs. 7, the cost of the carry bag, to the Complainant. Furthermore, the store was directed to pay a compensation of Rs. 3000/- to the Complainant for the mental agony and harassment, including litigation costs incurred by him.

Case Title: Anmol Malhotra vs Max Fashion.Com

Case No.: CC/308/2020

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