Shopkeepers need not provide free carry bags to customers: Uttarakhand Consumer Commission

The Uttarakhand State Consumer Disputes Redressal Commission has held that shopkeepers are under no legal obligation to provide free carry bags to customers, particularly when customers voluntarily agree to purchase them after being informed of the charges. [Ramesh Singh Vs Vishal Mega Mart]

A Bench of President Kumkum Rani and Member BS Manral dismissed an appeal filed by a customer against Vishal Mega Mart over a charge of ₹18 for a carry bag.

The Commission held that charging for a carry bag would not constitute an unfair trade practice when customers were informed of its price and were free to decline the purchase.

"It is also well settled that the shopkeeper is under no obligation to supply carry bags and that too, without any cost and there is no law which mandates providing free carry bag to the customer," the Commission observed in its order of October 30.

The dispute arose after the petitioner, Dr. Ramesh Singh Danu, purchased goods worth ₹1,435 from a Vishal Mega Mart outlet in Almora on January 18, 2023.

The bill included ₹18 towards a carry bag, prompting Danu to issue a legal notice to the retailer. When the notice did not yield a favourable response, he approached the District Consumer Disputes Redressal Commission at Almora, alleging unfair trade practices.

The District Commission dismissed his complaint in August 2024, following which he approached the State Commission in appeal.

Vishal Mega Mart argued that customers were informed about the prices of different carry bags at the billing counter and through notices displayed at various locations within the store.

It maintained that customers could bring their own bags and that Danu had voluntarily chosen to purchase one for ₹18.

The State Commission found that Danu had neither alleged that he was compelled to purchase the bag nor claimed that he had protested against the charge at the billing counter.

"The complainant had chosen to purchase the carry bag at his own free will," the Commission noted.

Danu relied on the National Consumer Disputes Redressal Commission's 2020 decision in Big Bazaar (Future Retail Ltd.) v. Sahil Dawar, which held that imposing additional charges for carry bags at the payment counter without prominent prior notice amounted to an unfair trade practice.

However, the State Commission distinguished that ruling, observing that Vishal Mega Mart had displayed information about carry bag prices and that Danu had not alleged any misrepresentation or lack of prior information.

"It is also not the case of the complainant that he was not made aware that he would be charged for the cost of carry bag or that he was misrepresented in any way by the Store Executive at the billing counter," the Commission said.

It consequently upheld the District Commission's decision and dismissed the appeal, finding no grounds to interfere.

Advocate Chandra Kala appeared for the complainant.

Advocate Rahul Gupta represented Vishal Mega Mart.

[Read Judgment]