Charging Rs 7 For Carry Bag By Reliance Trends - Against Interest Of Customers, Consumer Commission Directs To Pay 3000 For Harassment

Recently, a District Consumer Disputes Redressal Commission in Delhi presided by Mr. S. S. Malhotra along with Ms. Rashmi Bansal and Mr. Ravi Kumar as members allowed a consumer complaint which brings light to the contentious issue of charging customers for carry bags in retail stores. While noting that charging for carry bags is against the interest of consumers, the District Commission held Reliance Trends liable for deficiency in service. The complaint filed against a prominent retail company “Reliance Trends” by an aggrieved consumer, revolves around the alleged deficiency of service when Reliance Trends charged Rs. 7/- for a carry bag during a routine shopping transaction. Brief Facts The complaint was filed by one Amit Kumar Tripathi, who is an advocate. On June 5, 2019, Amit went shopping at Reliance Trends. He bought a play t-shirt for Rs. 599/- and a pair of team spirit track pants for Rs. 993/-. When he reached the checkout counter, he was surprised to see an extra Rs. 7/- added to his bill for a carry bag. Amit felt this charge was unfair and that the cashier shouldn't have added it. He reluctantly paid the extra carry bag charge but believed that this act constituted a "deficiency in service". As a result, he sought redress, requesting the return of the Rs. 7/- charge and also wanted Rs. 25,000/- as compensation for the trouble it caused him. To support these arguments, the complainant also placed reliance on a previous decision in Bata India Ltd. V/s Dinesh Prasad, which was initially decided by the District Commission in Chandigarh. In this case, the commission had directed a retail company to provide free carry bags to all customers who purchase items from its store, thereby stopping the unfair trade practice of charging extra for carry bags. When the same case reached the State Consumer Disputes Redressal Commission (SCDRC) in Chandigarh on appeal, the Commission made the following observations: “By not allowing the customers to bring in the shop premises their own carry bags and thrusting its own carry bags against consideration, the appellant/opposite party is deficient in providing due service and also indulged into unfair trade practice. One cannot be expected to take the goods/garments purchased in hands. We are shocked to see the kind of services provided by these big Malls or Showrooms." Arguments of Reliance Trends The complaint was then contested by the Reliance Officials. They argued that the complainant’s case lacked a valid cause of action, and seemed more like an effort to benefit financially. While emphasizing that purchasing a carry bag was optional, and customers were not compelled to buy one, Reliance argued that Amit had willingly purchased the carry bag and was billed accordingly, implying that there was no deficiency in their service. Reliance further stated that if anyone felt forced to buy a carry bag at the counter, they could have raised the issue with the store manager at that time. Since the complainant did not do so, they argued that the complaint lacked merit and appeared to be potentially malicious. Observations of the Commission The Commission observed that, based on the previous judgments, it is established that the retail companies cannot charge customers for carry bags used to take out purchased items. To charge for carry bags, the concerned store must clearly display this information inside the store. As a result, the Commission ruled that Reliance Trends' practice of charging for carry bags, especially for items bought from their store, constituted a deficiency of service on their part. Thereby, the commission directed the Reliance Company to refund the Rs. 7/- charged for the carry bag with an additional compensation of Rs. 3000/- for the mental and physical harassment caused, including litigation charges. It directed that the decision be complied with within 30 days of receiving the order. If not, Reliance Trends will be required to pay interest at a rate of 9% per annum from the date of the complaint until the payment is actually made. Case Title: Amit Kumar Tripathi vs. M/S Reliance Retail Ltd.

Charging Rs 7 For Carry Bag By Reliance Trends - Against Interest Of Customers, Consumer Commission Directs To Pay 3000 For Harassment

Apoorva Pandita

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