Big Bazaar told to stop charging for carry bags without prior notice

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, December 26

In one of the significant judgments that will have a far-reaching effect, the National Consumer Disputes Redressal Commission (NCDRC), New Delhi, has rejected 14 revision petitions filed by Big Bazaar (Future Retail Limited) against the orders of the Consumer Commission, Chandigarh, imposing a penalty for charging consumers for carry bags.

The NCDCR has also directed Big Bazaar, through its chief executive, to forthwith discontinue its unfair trade practice of arbitrarily and high-handedly imposing additional cost of carry bags on consumers at the time of making payment without prominent prior notice and information before the consumer makes his/her choice of patronising its retail outlets and makes his selection of goods for purchase.

The NCDRC directed that necessary notice/ signs/ announcement/ advertisement or warning should be in place.

The notice or information cannot be at the occasion of making payment after the consumer has exercised his choice to patronise its retail outlet and made his selection. The order has been passed under Section 39(1)(g) of the Consumer Protection Act – 2019 [corresponding Section 14(1)(f) of the Act 1986].

The court further said “as a matter of consumer rights, the consumer has the right to know that there will be an additional cost for carry bags (the same being a deviation from the normal wont in retail outlets in general) and also to know the salient specifications and price of the carry bags before he exercises his choice of patronising a particular retail outlet and makes his selection of goods for purchase from the retail outlet.

These 14 petitions were filed against a common order passed by the Chandigarh Commission on May 18, 2020. The NCDRC upheld the orders of the Chandigarh Commission through which the firm was penalised for charging for carry bags from consumers terming it as deficiency and unfair trade practice on part of the company.

The commission ordered the firm to not only refund the cost of carry bag(s) and pay compensation and cost of litigation to the complainants but also directed to deposit Rs5,000 in the consumer legal aid account of the district forum.

The NCDRC finds no fault in the observation of the Chandigarh Commission, which found the practice wrong saying that big stores such as Big Bazaar never allowed customers to carry bags in their hands within their store premises knowing very well that if they were allowed then the customers will not easily give their consent for the purchase of carry bags.

The company is, therefore, taking advantage of its dominating position. In this backdrop, charges of such things (carry bags) cannot be separately foisted upon consumers and the same will amount to unfair trade practice on part of Big Bazaar.