Customers should be informed about additional cost of carry bag before making selection of goods, not at the payment counter: Consumer Commission

A consumer making a purchase from a retail outlet has the right to know that there will be additional cost for carry bags and also the silent specifications and price of such carry bags before he/ she makes selection of goods from the outlet, the District Consumer Redressal Commission, Hyderabad (Commission) recently observed (Baglekar A. Kumar v. More Megastore)..The Commission said that disclosure of price of carry bags at the payment counter will not be sufficient and the same will amount to an unfair trade practice under the Consumer Protection Act of 1986 and 2019. ."As a matter of Consumer rights, the consumer has the right to know that there will be an additional cost for carry bags and also to know the silent specifications and price of the carry bags, before he exercises his choice of patronizing a particular retail outlet before he makes his selection of goods for purchase from the said retail outlet," the Commission stated in its order..Disclosing the price of carry bags at the payment counter seems to be undoubtedly an “unfair trade practice” under Section 2 (1) (r) of the Consumer Protection Act, 1986 and corresponding Section 2 (47) of the Consumer Protection Act, 2019, the Commission added. .Further, selling of plastic bags with 'Company logos' is an unfair trade practice since it amounts to using the consumers as a tool for advertisements, the Commission further said. .These significant observations came in an order passed by the Commission on February 19 while dealing with a complaint filed by one Baglekar Akash Kumar under Section 12 of the Consumer Protection Act..Kumar had challenged the additional cost Rs. 3 which was charged by More Megastore in Hyderabad for paper carry bag after he had purchased a product from them. It was contended by the Kumar that the logo of the supermarket was embedded on the bag and he was being used "as their advertisement agent". The counsel for the super market submitted that there is no law which states that carry bags have to be supplied without any costs to the consumers. It was also submitted that "the sale of plastic carry bags is not a forcible sale rather it is an option for the complainant.".After examining the material on record, the Commission held that "disclosing the price of carry bags at the payment counter seems to be undoubtedly an “unfair trade practice”. It also held that every consumer has the right to know about the 'additional charges' which have been added for purchasing the carry bag..Further, it ruled that by selling the plastic bags having their company logo, the outlet was using the complainants as tool for their advertisement which is an unfair trade practice. .The Commission, therefore, proceeded to issue the following directions to Megastore: 1. Free carry bags should should be provided to all customers if such carry bags are printed with company logo;2. In case of plain carry bags without company logo, the outlet would be at liberty to charge the customers but prior intimation should be given by displaying the information regarding the price of carry bags at conspicuous places in the business premises; 3. Megastore should pay back Rs.3 which was charged to the complainant with interest at 12 percent from June 1, 2019 till its realization; 4. Compensation of Rs.15, 000 should be given to the complainant for the cost of carry bag having the company logo, since Megastore utilized the complainant as tool of their advertisement.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.