Delhi Consumer Commission Holds Bata Liable For Not Displaying Prior Notice On Carry Bag Charges

The District Consumer Disputes Redressal Commission, South Delhi, comprising President Ms. Monika A. Srivastava and Member Ms. Kiran Kaushal, held Bata India Pvt. Ltd. liable for deficiency in service for failing to properly inform customers, before purchase, through prominent notices displayed at the store, that paper carry bags were chargeable and optional. The Commission observed that although retailers are not obliged to provide free carry bags, they must inform consumers beforehand that carry bags are optional and chargeable. Brief Facts The complainant, Ms. Priti Agarwal, alleged that she purchased a pair of shoes worth ₹1,499 from a Bata India Pvt. Ltd. store in Adarsh Nagar, New Delhi, on 9 May 2023. At the billing counter, she was informed that she would have to pay an additional ₹6 for a paper carry bag, to which she objected, questioning the legality of the charge. According to the complainant, the store did not display any prior notice informing customers that paper carry bags would be charged separately. She contended that she had no practical choice but to purchase the bag, as carrying the shoes without one was inconvenient. She further alleged that charging separately for the carry bag amounted to an unfair trade practice and deficiency in service, and that the store representative behaved rudely and mocked her when she raised her objection. Alleging that Bata was charging customers for carry bags without prior disclosure, the complainant approached the District Consumer Disputes Redressal Commission, South Delhi, seeking directions to stop the practice of charging for carry bags, a refund of ₹6 with interest, and ₹50,000 as compensation for mental agony, harassment and deficiency in service. Contentions of Bata Bata India denied any deficiency in service and submitted that the paper carry bag was an independent product sold separately with a clearly printed MRP and all mandatory declarations under the Legal Metrology Rules. It contended that the purchase of the carry bag was purely optional, that customers were free to bring their own bags, and that the complainant had voluntarily purchased the bag after giving her consent. Bata further argued that the carry bag was plain, without any branding or advertisement, and that its policy was consistent with the directions issued by the National Consumer Disputes Redressal Commission (NCDRC). It therefore sought dismissal of the complaint. Observations and Decision The Commission observed that retailers are not legally bound to provide carry bags free of cost, provided the carry bags are sold as independent products, are plain (without branding or advertisements), and customers are given a genuine choice to purchase them. However, the Commission found that Bata had failed to display prominent notices at the concerned store informing customers, before purchase, that carry bags were chargeable and optional. It held that such prior disclosure was necessary to enable consumers to make an informed choice, in line with the directions issued by the National Consumer Disputes Redressal Commission (NCDRC). Accordingly, while rejecting the complainant's contention that carry bags must be supplied free of cost, the Commission held Bata deficient in service for failing to ensure compliance with the NCDRC's directions regarding the display of notices. It directed Bata to ensure that all its stores and authorised dealers prominently display the prescribed notices and awarded the complainant ₹10,000 towards compensation and litigation costs. Case Title: Priti Agarwal v. Bata India Private Limited Consumer Complaint No.: DC/83/CC/151/2023Click Here to Read/Download

Delhi Consumer Commission Holds Bata Liable For Not Displaying Prior Notice On Carry Bag Charges

Praveen Mishra

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Praveen Mishra

Delhi Consumer Commission Holds Bata Liable For Not Displaying Prior Notice On Carry Bag Charges

Praveen Mishra

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