Lucknow District Commission Holds Vishal Mega Mart Liable For Charging Rs. 18 For Carry Bag

Brief Facts:

Mr Shashi Kant Shukla (“Complainant”) purchased a shirt worth Rs. 599/- from Vishal Mega Mart. Vishal Mega Mart provided the shirt in a carry bag and issued a total bill of Rs. 616/-, including Rs. 18/- for the bag. The Complainant objected to it and argued that he did not want the bag. Despite his objection, Vishal Mega Mart insisted on the payment. The Complainant eventually paid the total bill. Subsequently, he sent a legal notice to Vishal Mega Mart for unfairly charging the amount for the bag. Vishal Mega Mart did not reply. Feeling aggrieved, the Complainant filed a consumer complaint before the District Consumer Disputes Redressal Commission-I, Lucknow (“District Commission”).

The Complainant argued that the act of charging Rs. 18/- for a carry bag without his consent constituted an unfair trade practice and deficient service. On the other hand, Vishal Mega Mart didn't appear before the District Commission for proceedings. Therefore, it was proceeded against ex-parte.

Observations by the District Commission:

The District Commission noted that it is customary in retail businesses to provide carry bags free of charge for the convenience of customers. Reliance was placed on the decision in Big Bazaar (Future Retail Ltd.) vs. Sahil Dawar (2020), wherein the National Consumer Disputes Redressal Commission (“NCDRC”) held that imposing charges for carry bags constitutes a deficiency in service and unfair trade practice.

Therefore, the District Commission held that Vishal Mega Mart's act of charging Rs. 18/- for the carry bag amounted to an unfair trade practice and deficiency in service. Therefore, it directed Vishal Mega Mart to refund Rs. 18/- to the Complainant within 45 days of the order, along with 9% interest per annum from the 'date of charging for the carry bag' to the 'date of payment'. Vishal Mega Mart was further directed to pay Rs. 25,000/- as compensation for the mental and physical distress and Rs. 10,000/- towards litigation expenses to the Complainant. In case of failure to pay the compensation and legal costs, Vishal Mega Mart would have to incur a 12% interest per annum on the aforementioned amount.

Case Title: Shashi Kant Shukla vs Vishal Mega Mart

Case Number: 354/2021

Advocate for the Complainant: L.P. Yadav

Advocate for the Respondent: None

Click Here To Read/Download The Order