Counsels:-
- For the Complainant :- Self
- For the O.P.s :- Sri. S.P.Padhi& Associates
Date of Filing:02.01.2024, Date of Hearing :16.04.2024, Date of Judgement :18.06.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The Complainant on 30.12.2023 made purchase of goods to the tune of Rs. 14,942.30P from O.P. No.1 store run by O.P. no.2. In the ground floor thereafter purchased lavie hand bag for RS. 2997.50p. At the time of payment chashier of O.P. No.1 asked to make payment of Rs. 3010.50p an amount of Rs. 13/- towards paper carry bag. Objection was made but due to long que the O.P. no.1 turned their eye. The price charged Rs. 13/- is illegal and unfair trade practice.
- The O.Ps in their reply submitted that the store employees never compelled the Complainant to purchase the carry bag. All the consumers are duly informed prior to levying carry bag charge, by prior notices, signs, announcement, disclaimer available in the store. The carry bag without any logo or advertisement are chargeable. Display has been made in the show room that carry bag is chargeable. The Complainant has exercised his choice. There is no existing rule of law currently in force stating that carry bags which do not have the company logo, have to supplied free by the retailers to its purchasing customers.
The Complainant did not carry any bag within while shopping. On this request and consent carry bag has been sold. There is no any cause of action and the Complaint is liable to be dismissed.
- The Complainant has filed the tax invoice dated 30.12.2023 for Rs. 3010.50P which includes lavie Bags for Rs. 2997.50P and carry bag for Rs. 13/-. The dispute is regarding the charges made on carry bag.
- Perused the documents filed by the Complainant. The O.Ps have filed some photographs showing “Says no to wastage save our planet. Bring a bag or you may buy a paper Bag” displayed in different part of the show room. The contention of the O.Ps is that voluntarily the Complainant opted for the carry bag and only for the reason Rs. 13/- has been charged. In the other hand complainant contended that while purchasing ladies handbag the carry bag was given and during payment the cashier asked to pay Rs. 3010.50p. The Complainant when queried as to why he is charging Rs. 13/- for carry bag and objected, the cashier turned his eyes. The Complainant further contended that there was a que in the shop.
The O.Ps contended that there is no law relating to sale of carry bag and cited big Bazar Vs Ashok Kumar case of hon’ble NCDRC in appeal Case No. 239/2019. The Complainant has made the choice which is duly informed by giving notice/signs/announcement/display in the shop room.
- It is a general practice that whenever a consumer purchases any goods from the market to carry the product the seller provides a polythene carry bag and after ban of the plastic products the sellers providing paper wrappings or paper carry bag so that it will be easier for the consumer to carry the product to his home safely.
It is also a practice that the sellers make their advertisement by printing the name over the carry bag but it is supplied free of cost. The only consideration is to carry the goods to home safely.
In the name of business and to earn more profits the trend developed that name of the seller will not be there in carry bag and the seller charged prices for it. Without consideration the easy carriage of the consumer bag was provided earlier. In the present complaint also the same practice seen. No doubt the O.Ps have given public notice to bring a bag or purchase a carry bag by displaying in different parts of show room but when protest made in the counter not tried to cancel the bill nor kept the carry bag in the counter. There was no scope for the complainant except to take the burden of carry bag. This implies push sale of a product to a consumer and without hearing the grievance.
“Save our planet, bring a bag or buy a paper bag”, this vary slogan indicates push sale of the product. Sale of paper bag is no way helpful for the planet as paper is made cutting trees and it degrades the environments. Push sale is restricted under the law and as per section 2(41) of the Consumer Protection Act, 2019 push sale is prohibited. The practice adopted by the O.Ps is restrictive on the following points:
- Generally in shopping malls the customer does not take any bags with them and taking the advantage of it manipulations are made in the bill in the name of carry bag imposing unjustified cost.
- Display of announcement in one hand and not giving scope to object on sale of carry bag is nothing but exploitation of a consumer.
- This practice affects the condition of delivery. That means how the consumer will take the purchase goods to his home is the major consideration.
Taking into consideration the circumstances of the case the O.Ps have imposed push sale of the carry bag on the Complainant which amounts to restrictive trade practice and also deficiency in service. Accordingly, it is ordered:
ORDER
The complaint is allowed on contest against the O.Ps. The O.Ps are directed to refund Rs. 13/- within one month of this order. In case of non refund the amount will carry 12% interest w.e.f. 30.12.2023 till realisation. The O.Ps are liable to pay compensation of Rs. 10,000/- and litigation expenses of Rs. 10,000/- to the Complainant.
Order pronounced in the open court on 18th day of June, 2024
Supply free copies to the parties.
