Consumer Forum imposes ₹35k costs on ESBEDA store for charging ₹20 for carry bag

A Mumbai District Consumer Dispute Redressal Commission recently imposed over ₹35,000 costs on a store of ESBEDA, a premium leather accessories selling company, for charging ₹20 for a carry bag over and above the price paid by a customer for an item purchased from the store. [Rima Chawla v. Manager, ESBEDA showroom, Phoenix marketcity].The complainant, Reema Chawla, stated in her complaint that she had purchased a bag worth ₹1,690 from the ESBEDA showroom in Phoenix market city, Mumbai. While she was making payment for the bag, the billing executive illegally charged ₹20 for the carry bag which was branded with the company's logo for advertisement. Chawla informed the executive that it was unfair trade practice to charge a customer for a carry bag for carrying products purchased from their store, but the executive did not budge. Chawla then sent a legal notice to the store demanding a refund, and received a reply from the company asking for details of the purchase and invoice bills. After providing them with details, Chawla received no response.She then filed a complaint with the Bandra District Consumer Dispute Redressal Commission under the Consumer Protection Act. .Her complaint emphasized that being a seller, the company was duty bound to provide basic accessories like carry bags free of cost for carrying products purchased from their own stores. "It is highly unprofessional and deficient towards the consumers to charge for the bags which are branded and used for the respondent (ESBEDA) branding & advertisement purpose," her complaint filed through Advocate Prashant Nayak stated.She claimed an amount of ₹1,50,020 as collective compensation against deficiency in services, compensation for mental agony, torture and litigation expenses along with a refund of cost of the carry bag..Despite notice, ESBEDA store manager refused to remain present even through their representatives before the consumer forum, and hence Bench comprising of chairman RG Wankhade and member SV Kalaal proceeded to decide the matter ex-parte.The Commission observed that the act of charging extra for a carry bag and not giving it free of cost despite the carry bag displaying the branding of the company for their publicity and advertisement, amounted to an unfair trade practice. In view of this, the Commission deemed it fit to direct the company to deposit some amount towards consumer welfare funds..Accordingly, the district forum passed the following order:The act of not providing a carry bag free of cost to its customer, and instead charging ₹20 extra amounted to deficiency of service and unfair trade practice. The store was asked to make the following payments:- refund Chawla ₹20 paid for the carry bag;- pay her ₹3,000 towards litigation expenses accrued and ₹10,000 as compensation towards mental agony caused;- deposit ₹25,000 with the consumer welfare fund..All payments have to be made within 30 days failing which Chawla was granted liberty to move the Commission with a fresh complaint.