Charging Rs. 7 For Carry Bag Without Adequately Notifying Customers, Ambala District Commission Directs Big Bazaar To Pay Rs. 3k Compensation

Brief Facts:

Mr. Sulabh Mahajan (“Complainant”) visited a Big Bazar store and purchased shorts for Rs. 306/-, but was charged an additional Rs. 7/- for a carry bag, which the Complainant did not intend to purchase. Despite the Complainant's request to waive the fee, the store official refused, which made the Complainant reluctantly pay for the bag. Feeling aggrieved, the Complainant approached the District Consumer Disputes Redressal Commission, Ambala (“District Commission”) and filed a consumer complaint against Big Bazar.

In response, Big Bazar contended that the Complainant concealed material facts and failed to acknowledge the store's environmentally responsible policy. It asserted that the Complainant was duly informed at the cashier's counter about the separate charge for carry bags, as part of their initiative to encourage customers to bring their bags to minimize environmental harm. The store denied profiting from bag charges, claiming it only covers a portion of the bag's procurement cost. Moreover, it argued that the cost of bags was higher than the Rs. 7/- charged. Therefore, it prayed for the dismissal of the complaint.

Observations by the District Commission:

The District Commission referred to the decision of the National Consumer Disputes Redressal Commission (“NCDRC”) in Big Bazaar (Future Retail Ltd.) vs Ashok Kumar [Revision Petition No. 975 of 2020], where the NCDRC emphasized that charging for carry bags without consumer consent constitutes unfair and deceptive practice. The District Commission noted that the decision of NCDRC highlighted the importance of providing adequate notice to consumers regarding additional charges for carry bags.

The District Commission noted that Big Bazar failed to demonstrate obtaining the Complainant's consent or adequately informing him about the additional charge for carry bags. Despite the store's claim of prior notice through advertisements and posters, Big Bazar didn't provide supporting evidence.

Consequently, the District Commission held that by charging the Complainant Rs. 7/- for the carry bag without consent or sufficient notice, Big Bazar was liable for deficiency in services and unfair trade practices. The District Commission ordered it to refund the Rs. 7/- charged to the Complainant and further directed it to pay a lump sum compensation of Rs. 3,000/- along with litigation costs to the Complainant.