case laws

Can Stores Charge For A Carry Bag

There are two cases in which Court has given the judgment and the question Can a store charge for a carry bag?

The list of cases in which the court answered the question of whether Can stores charge for a carry bag or not.

  1. Bata India Limited Vs Dinesh Parshad Raturi
  2. Westside, a unit of Trent Limited Vs Sapna Vasudev

Facts

• Complainant purchased items from the store.

• The complainant was compelled to pay for the carry bag. The complainant filed a case against the Store question.

Complainant Pleadings

• Complainant pleaded that he had no intention to purchase a carry bag, however store executive forced him to purchase a carry bag along with pair of shoes.

• Complainant further added that ” by charging him for the bag, Company was also endorsing its brand on t bag which was not justified.

• On one hand, the purchase of carrying bag is made option & voluntary and on the other hand, the consumer customer is not allowed to enter the shop with an emp carry bag or carry a bag containing some goods purchased from other shop premises.

Pleas of Opposite Party

• Opposite Party replied that the amount was charged as the cost of a paper carry bag for a purpose of environmental safety.

• Opposite Party also refuted the allegation of deficiency in service .

• Purchase of bag is entirely optional and is a voluntary act by a consumer and further the customers cannot bring their own carry bags or bags containing item goods purchased from other shops.

• In case, the complainant was not willing to buy the carry bag, he could bring his own carry bag.

Ruling

• Forum held that compelling a customer to pay for a paper carry bag was a clear deficiency in service as it was the store’s duty to provide a free carry bag to the customer who had purchased their product.

• On one side huge discounts are given ranging up – to 70 % on the products by these shops/showrooms and on the other hand, they are charging for a carry bag and could not give it free of cost to its worth consumers.

• Consumerism should prevail and such kind of practice of charging for paper carry bags should be stopped immediately.

Click to comment

Most Popular

To Top