Retailers Can Charge Separately For Plain Carry Bags Without Logo: Rajasthan State Commission
The Rajasthan State Consumer Disputes Redressal Commission, comprising Urmila Verma (Member-Judicial) and Karuna Jain (Member), has held that retailers are entitled to charge consumers separately for plain carry bags that do not bear their logo, advertisement, or promotional material, observing that such carry bags constitute independent goods and that charging a reasonable price for them does not amount to an unfair trade practice or deficiency in service.
Facts
The complainant, Kapil Dev Soni, purchased household goods worth ₹846.72 from a D-Mart store in Jaipur on October 2, 2019. At the time of billing, D-Mart charged him an additional ₹5.50 for a carry bag. The complainant objected to the separate charge and requested that the carry bag be provided free of cost. D-Mart maintained that customers were informed beforehand that the carry bag was chargeable and that its price was added to the bill only if they chose to purchase it.
Alleging that the retailer had adopted an unfair trade practice and was deficient in service by charging separately for the carry bag, the complainant filed a consumer complaint.
The District Consumer Disputes Redressal Commission, Jaipur-II, allowed the complaint and directed D-Mart to pay ₹3,000 as compensation for mental agony and ₹2,000 towards litigation expenses. Aggrieved by the order, D-Mart preferred the present appeal before the Rajasthan State Consumer Disputes Redressal Commission.
Contentions of D-Mart
D-Mart contended that charging ₹5.50 for a plain carry bag did not amount to deficiency in service or an unfair trade practice. It further submitted that the carry bag carried only a barcode indicating its price and did not display D-Mart's logo, advertisement, or any promotional material. It also relied upon NCDRC judgments holding that plain carry bags are independent goods for which a separate price may lawfully be recovered.
Observation and Decision
The State Commission observed that the carry bag supplied by D-Mart did not bear its logo, name, advertisement, or any promotional material and therefore could not be treated as a promotional item that had to be provided free of cost. It noted that the carry bag was a separately priced product and that D-Mart had informed customers about its price before purchase.
The Commission also took note of D-Mart's return policy, which permitted customers to return the carry bag within seven days if they did not wish to retain it. It observed that the complainant neither returned the carry bag nor raised any immediate grievance before D-Mart, but instead filed the consumer complaint nearly three months after the purchase. The Commission further noted that there was no specific allegation in the complaint that the carry bag bore D-Mart's logo, advertisement, slogan, or any other promotional material.
Relying on the decisions of the National Consumer Disputes Redressal Commission (NCDRC), the State Commission held that charging a reasonable price for a plain carry bag that does not bear the seller's logo, advertisement, or promotional material does not amount to deficiency in service or an unfair trade practice. Accordingly, it allowed the appeal, set aside the District Commission's order, and dismissed the consumer complaint.
Counsel for the Appellant: Mr. Hemang Kumawat
Counsel for the Respondent: Mr. Abhishek
Case Title: D Mart Vs. Kapil Dev
Case No.: FA/385/2025