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Bengaluru court fines Tonique for charging customer for carry bag with brand name: ‘unprofessional and unfair’

Tonique will also have to pay Rs 5,000 to the Bengaluru customer.

tonique storeIn its defence, Tonique stated that the customer voluntarily requested the bag and was made aware of the charge beforehand. (Photo: Tonique.in)

A consumer court in Bengaluru has ordered liquor retailer Tonique to pay Rs 5,000 to a customer for charging him for a carry bag that displayed the store’s brand name, logo, and outlet details.

Hearing a complaint filed by Praveen B, 31, a resident of St Thomas town in the Karnataka capital, the Bengaluru Urban District Consumer Disputes Redressal Commission last month also ordered Tonique to pay Rs 1 lakh to the consumer welfare fund as compensation for unfair trade practice.

The complaint dates back to November 23, 2023. Praveen, who had purchased beverages worth Rs 1,585 from Tonique, said he was charged Rs 14.29 for one carry bag that featured the store’s branding. He argued that this amounted to a “deficiency in service and unfair trade practice,” highlighting previous consumer forum rulings that stated that businesses should not charge customers for branded bags as they serve as advertisements.

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In its defence, Tonique stated that the customer voluntarily requested the bag and was made aware of the charge beforehand. The store also claimed that the customer had other options, such as bringing his bag, carrying the items by hand, or picking them up later with a bag from home.

However, the Commission rejected these arguments, calling Tonique’s response “unprofessional and unfair.” It noted that the customer might have purchased under circumstances where carrying a bag wasn’t feasible.

The Commission ruled that charging for a bag that doubles as advertising is an unfair trade practice. Besides litigation costs, it also directed Tonique to repay Rs 14.29, which was collected for the carry bag.

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