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Shop-owners cannot charge consumers for bag
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IANS | 18 Apr, 2019
The Chandigarh Consumer Commission recently ordered Bata India Ltd to
pay Rs 9,000 in fine for charging Rs 3 from a customer for a paper bag
to carry the shoebox.
Legal experts say the order is legally
valid across the country and that stores cannot charge consumers
additional charges for the bag if the product is purchased from the same
store.
The forum's order came on a complaint filed by a consumer, Dinesh Prasad Raturi.
Raturi
told the consumer panel that he had purchased a pair of shoes on
February 5 from the shoe store located in Sector 22D. The store charged
Rs 402, which also included cost for the bag.
Raturi contested
that by charging him for the bag, Bata was also endorsing its brand on
the bag which was not justified. Raturi sought a refund of Rs 3 and
compensation for deficiency in services.
The forum slammed Bata for charging an additional amount for the paper bag.
The
forum ordered that a customer cannot be compelled to pay for the bag,
and that it was a clear deficiency in service. The consumer forum ruled
that it was the store's duty to provide a free bag to the customer who
purchased their product.
Sagar Saxena, an advocate based in
Delhi, said: "This consumer court's decision is legally valid across
India. People can cite this order anywhere in the country and have the
bag charges waived. The order establishes that even if the bag is
environment-friendly, the retailer cannot charge an additional amount
for the bag."
The consumer forum observed that if the companies
are eager to protect the environment, they should provide free
environment-friendly bags to the customers.
Nikhil Majithia, an
advocate in Delhi, said: "After this order, the Ministry of Consumer
Affairs should come out with guidelines to protect consumer rights.
Shopkeepers are not allowed to charge extra from consumers, as they
brand the bag with their logo, so it becomes part of their advertising."
The
Chandigarh commission in its decision directed Bata India Ltd to refund
the cost of the bag (Rs 3) and litigation charges, i.e. Rs 1,000 along
with Rs 3,000 as compensation to the customer for the mental agony
caused by deficiency in services.
The forum also directed Bata to deposit Rs 5,000 in the legal aid account of the State Consumer Disputes Redressal Commission.
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