Bata store charges Rs 6 for carry bag without displaying notice, woman wins Rs 10,000

‘No display in store to pay extra for bag’

• It is not the case of the complainant that she was not given a choice whether to purchase the carry bag or not; rather, the case in hand is that it is only at the billing counter that the representative of the opposite party (Bata) asked her to pay an extra amount of Rs 6 for a paper carry bag.
• The complainant’s case is that there was no display anywhere in the store that the complainant would have to pay Rs 6 extra for a carry bag, hence depriving the complainant of making an informed consent.
• The commission is not in agreement with the complainant that the stores are duty-bound or under an obligation to provide a carry bag free of cost along with the products purchased by the consumers.
• It is noted from the photographs placed on the record that the carry bag is as per the affidavit given by the company before the National Consumer Disputes Redressal Commission (NCDRC), the carry bag is plain and does not contain any advertisement, branding or publication. It has a sticker which specifically mentions the cost of the carry bag and the option of taking the carry bag was also provided to the complainant.

• Regarding stores that do not provide polythene bags, it has been settled that where the carry bag has a printed logo, it would be provided to the consumers free of cost, but if does not have any logo of the company/store, then the option of purchasing the carry bag would be made available to the consumers.
• The complainant has filed photographs of the store from where she purchased the pair of shoes, and on perusal of these photographs, there is no display seen that the carry bag is chargeable.
• Bata has placed certain photographs with the written statement wherein it is seen that placards, posters informing the consumers that the carry bag was being charged at Rs 3 and sometimes Rs 4 have been displayed in some of its stores.
• The company is found to be deficient only to the extent that they were not vigilant enough to ensure that the directions passed by NCDRC and other superior courts are being followed in each and every store.

Case of extra cost on carry bag

• The case originated after the complainant, Priti Agarwal, purchased a pair of shoes from Bata India Pvt Ltd for Rs 1,499 on May 9, 2023. It was stated that at the time of payment, she was asked to pay an additional Rs 6 for the paper carry bag.
• The complainant objected to the same and asked the cashier why they were charging an extra amount for the carry bag when it has been prohibited by law. The cashier informed her that the carry bag was correctly charged, as it is not free. The complainant further asked the cashier the logic behind charging for the carry bags, as she could not have been expected to carry the shoes in her hands.
• She claimed that the representative was rude and mocked her in front of everyone. Hence, the complainant had no option but to pay an extra amount of Rs 6 for the carry bag.

‘Charged from Rs 3 to Rs 15 for bag’

It was stated that the complainant felt that she was wrongly charged for the paper carry bag, and the opposite party was indulging in unfair trade practice by doing so. It is stated that the stores/shops cannot charge consumers any additional rate for the bag if the product is purchased from the same store.

She further claimed that of late consumers were charged for carry bags, which range from Rs 3 to Rs 15 and even higher in some cases. This practice is relatively new, as until a few years ago, many brands accounted for the cost of the carry bag as overhead expenses and provided them free of cost.

It was further stated that post 2011, the Ministry of Forests and Environment issued the Plastic Waste (Management And Handling) Rules, which state that ‘No (plastic) carry bags shall be made available free of cost by retailers to consumers’. The real intention behind this move was to discourage the consumer from using plastic bags, as plastic is non-biodegradable, hence a threat to the environment.

‘Expensive carry bags and profit connection’

It was further claimed that making the carry bag available to the buyers has now become a commercial exercise. Retailers such as Bata began switching to more expensive paper and cloth carry bags with a view to increasing their profits by charging the same exorbitant price at the expense of unsuspecting consumers.

They validate their carry bag charging policy by differentiating between paper or jute and polythene carry bags, and also misrepresenting the size of the carry bags.

It was stated that Bata tried to justify its act of charging for plain carry bags by claiming that it is covered under ‘goods’. If the paper carry bag is a ‘good’ sold by the opposite party at a fixed price, then they must explain why it is not displayed among the items for sale on its website or in its retail stores.

Bata’s stand

The company resisted the complaint, stating the paper carry bag purchased by the complainant clearly indicates that all relevant requirements and specifications are well met, along with the Maximum Retail Price (MRP) displayed on the carry bag.

They further argued that only after obtaining the oral consent of the complainant, the paper carry bag was sold to the complainant, and charges for the same were added to the invoice.

It was stated that a plain paper carry bag containing all the mandatory declarations as per legal metrology ‘Packaged Commodities’ Rules 2011 was provided to the complainant to take away the purchased product. The paper carry bag provided to the complainant did not contain any advertisement/branding publication and was a black/plain carry bag with an MRP sticker.

Highlighting that the complainant suppressed relevant information, the brand submitted that a complaint on similar facts was filed by the daughter of the complainant on the same grounds in DCDRC-1 (North District), and while passing the said judgment, the commission was pleased to observe that “once the price is printed on the paper bag, it becomes an independent item to be sold at the store”.