Sellers Must Undertake Expenses For Carry Bags And Making Goods Deliverable, Gurgaon District Commission Holds Decathlon Liable

Brief Facts:

The Complainant visited a Decathlon store for shopping and purchased various items, paying a total of Rs. 1909/-. Decathlon also levied an additional Rs. 12/- charge for a carry bag. The Complainant contended that it contravened Consumer Protection Act, 2019 as it constituted both deficient service and an unfair trade practice. Despite raising objections with the Decathlon, it failed to address the issue. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Gurgaon, Haryana (“District Commission”) against Decathlon.

Observations by the District Commission:

The District Commission referred to the NCDRC decision in Big Bazar (Future Retail Ltd.) vs Ashok Kumar, where it was held that extra charges for carry bags were unjustifiable, particularly considering the market dominance of large retailers. It held that the imposition of fees for carry bags exploited the company's advantageous position and represented an unfair trade practice, as customers were essentially coerced into purchasing them.

Further, the District Commission referred to the Chandigarh State Commission decision in M/s Lifestyle International Pvt. Ltd. vs Pankaj Chandgothia where it was held that it was the responsibility of the retailer to provide carry bags free of charge to all customers making purchases.

The District Commission referred to amendment to the Plastic Waste (Management and Handling) Rules, 2011, which invalidated the provision allowing retailers to charge for carry bags. It held that under the Sale of Goods Act, 1930, the expenses related to packaging and making goods deliverable were to be borne by the seller.

Consequently, the District Commission held that Decathlon committed a deficiency in service and engaged in an unfair trade practice. It directed Decathlon to refund an amount of Rs. 12/- to the Complainant for the carry bag. Decathlon was also directed to pay a compensation of Rs. 15,000/- to the Complainant along with Rs. 11,000/- for the litigation costs incurred by him.

Case Title: Naveen Gupta vs Decathlon

Case Number: 569 of 2023

Date of Decision: 17.05.2024