Customers Can’t Be Restricted From Bringing Own Carry Bag, Bangalore Commission Holds SPAR Hypermarket Liable For Unfair Trade Practices

The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench comprising Sri B. Narayanappa (President), Smt. Jyothi N (Member) and Smt. Sharavathi S.M. (Member) held Sparmax Hypermarket Store, Yelaharika, Bangalore liable for deficiency in service and unfair trade practices. The Store prohibited the concerned customer from bringing his carry bag, charged Rs. 22 for its carry bag and failed to waive off parking fee even though the customer was eligible for the offer. Brief Facts: Sri Somashekar Reddy KV (“Complainant”), along with his family members, visited the SPAR Hypermarket (“Store”), where a security guard prevented him from bringing his carry bag. Consequently, the Complainant shopped without a carry bag and made purchases exceeding 18 items worth Rs. 3,037/-. Despite having already paid a substantial amount, the Store allegedly refused to provide a carry bag without an additional charge of Rs. 22/-, as indicated in the bill. After protesting, the Complainant paid for the carry bag. Additionally, the Store promised that the customer who purchases items worth Rs 3,000/- or more would be either given a free towel or an exemption from parking charges. However, when the Complainant reached the parking space, the Store workers refused to give any exemption for the parking charges and started quarrelling with the Complainant in front of his family members and other customers. Subsequently, the Store workers collected Rs. 20/- for parking. Feeling aggrieved, the Complainant filed a consumer complaint in the Additional District Consumer Disputes Redressal Commission-I, Bangalore (“District Commission”). In response to the complaint, the Store argued that the allegations did not pertain to any defect in purchased products or services. They contested the Complainant's claim of being forcibly charged Rs. 22/- for a carry bag, asserting that the purchase of such bags was optional. Additionally, the Store argued that the parking facility was independently managed, and charges were collected for the service. The Store denied any wrongdoing and requested the dismissal of the complaint. Observations by the Commission: Referring to the charging of the carry bag by the store, the District Commission noted that there were no signs in the store prohibiting customers from bringing their carry bags. Furthermore, the District Commission held that expenses incurred to put goods into a deliverable state should be borne by the seller. The District Commission also noted that the purchase of a carry bag should be optional, and restricting customers from carrying their bags for purchased items is not a fair-trade practice. The District Commission expressed concern about the services provided by large malls and showrooms, asserting that customers should be allowed to carry their bags along with the purchased goods. Moreover, the District Commission held that providing parking space to customers is a statutory obligation of the store. Based on these considerations, the District Commission found the store liable for deficiency in service and unfair trade practices. Consequently, it directed the store to refund Rs. 22/- for the carry bag and Rs. 20/- for parking charges. Additionally, it awarded compensation of Rs. 5,000/- to the complainant for unfair trade practices, mental agony, harassment, and humiliation, along with Rs. 3,000/- for litigation expenses. Case Title: Somashekara Reddy K V vs The Manager Hypermarket India Pvt. Ltd. Case No.: Consumer Complaint No. 51/2023 Advocate for the Complainant: Byra Reddy Advocate for the Respondent: Bargava D Bhat Click Here To Read/Download The Order

Customers Can’t Be Restricted From Bringing Own Carry Bag, Bangalore Commission Holds SPAR Hypermarket Liable For Unfair Trade Practices

Smita Singh

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