Pranav B Prem

In a significant consumer rights ruling, the District Consumer Disputes Redressal Commission, Gurgaon (Haryana) has held Aditya Birla Fashion & Retail Ltd., Pantaloons Division, liable for deficiency in service and unfair trade practice for charging a customer Rs. 7 for a paper carry bag after purchase. The Commission directed the company to refund the amount along with interest, and awarded Rs. 15,000 as compensation for mental harassment and Rs. 11,000 as litigation costs to the complainant. The matter was adjudicated by a Bench comprising Shri Sanjeev Jindal (President), Ms. Jyoti Siwach (Member), and Ms. Khushwinder Kaur (Member).

The complaint was filed by Mr. Deepak, a resident of South West Delhi, under Section 35 of the Consumer Protection Act, 2019. According to the complaint, Mr. Deepak visited the Pantaloons store at MGF Metropolis Mall, Gurgaon on 4 May 2024 and made purchases worth Rs. 5,000. Along with the purchase, the store charged an additional Rs. 7 for a paper carry bag, as reflected in the bill bearing number P219304124600814. Mr. Deepak objected to the charge, asserting that it was the store’s obligation to provide a carry bag free of cost to customers. He requested that the bag either be given free of charge or returned later in exchange for a refund. The store refused, stating unequivocally that the carry bag was non-refundable.

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Left with no other option, Mr. Deepak filed a complaint before the Commission, arguing that the act of charging for a paper carry bag constituted deficiency in service and amounted to an unfair trade practice, especially since the consumer was not given an option or clear consent before the charge was levied.

In its detailed order dated 18 February 2025, the Commission strongly rebuked the practice adopted by large retail stores of charging for carry bags under the pretext of environmental responsibility or customer convenience. The Commission relied upon the judgment of the National Consumer Disputes Redressal Commission (NCDRC) in Big Bazaar (Future Retail Ltd.) v. Ashok Kumar [Revision Petition No. 975 of 2020], where the NCDRC categorically held that big retailers cannot impose extra charges for carry bags, even if such charges are minimal or levied on a no-profit-no-loss basis.

Quoting the NCDRC’s ruling, the Commission observed that these retail outlets often do not allow customers to carry their own bags into the store, creating a situation where the consumer is effectively coerced into buying a bag from the retailer. It noted that this restriction, coupled with the sale of carry bags, amounts to taking advantage of a dominant position. The Commission stated that: “If the OP claims itself to be responsible and environmentally conscious, then, they should have given the carry bags to the customers free of cost… The price of the carry bag has generally been included by them in the profit margins of the products.”

The Commission also relied upon the ruling of the Chandigarh State Consumer Commission in M/s Lifestyle International Pvt. Ltd. v. Pankaj Chandgothia [Appeal No. 24 of 2019], where it was held that a store must provide carry bags free of cost to customers purchasing goods from it. Additionally, the Commission emphasized that Section 36(5) of the Sale of Goods Act, 1930 explicitly mandates that expenses related to making goods deliverable, such as packaging, must be borne by the seller unless agreed otherwise.

Importantly, the Commission noted that as per the Plastic Waste (Management and Handling) Rules, 2011, the requirement to charge for carry bags was omitted in the 2018 amendments. Therefore, the store could not seek refuge in the previously applicable provisions to justify the charge.

Taking a broader view, the Commission also warned against the consequences of permitting such practices across the country, observing that: “If the practice of charging for carry bags is continued to be adopted in the nation by big stores… crores of consumers would be in the clutches of these types of daily outlets.”

Accordingly, the Commission found that Aditya Birla Fashion & Retail Ltd. had acted in violation of consumer protection principles and failed in its duty of care. The act of charging Rs. 7 for the paper carry bag was held to be not only illegal but also exploitative.

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The Commission directed the store to refund the Rs. 7 with 9% interest per annum from the date of payment (04.05.2024) until realization. It also awarded Rs. 15,000 as compensation for mental harassment and Rs. 11,000 as litigation expenses. Compliance was ordered within 45 days, failing which the amounts would carry 12% interest per annum. The Commission further warned that non-compliance could lead to prosecution under Section 72 of the Consumer Protection Act, 2019, which includes provisions for imprisonment and fine.

Appearance

For Complainant- Deepak in person

For OP: Sahil Bhardwaj, Advocate

Cause Title: Deepak V. Aditya Birla Fashion & Retail Ltd.

Case No: CC/588 of 2024

Coram: Shri Sanjeev Jindal [President], Ms. Jyoti Siwach [Member], Ms. Khushwinder Kaur [Member]

[Read/Download order]