Footwear brand Red Tape’s Rs 10 carry bag charge ends in Rs 8,000 consumer payout

“This commission is of the considered opinion that the act of charging an amount of Rs 10/- separately for the carry bag from the complainant, amounts to deficiency in service as well as unfair trade practice on the part of the opposite parties (Red Tape Ltd),” the June 12 order read.

‘Company’s affidavit supported consumer’

• The commission noted that Red Tape’s own affidavit contained statements acknowledging that the carry bag had been charged unnecessarily, which effectively supported the complainant’s allegations.
• The consumer body observed that the contents of the affidavit amounted to an admission that the amount had been wrongly collected from the customer.
• Based on the material placed on record, it was concluded that charging separately for the carry bag constituted both a deficiency in service and an unfair trade practice.
• Accordingly, the commission directed Red Tape to refund Rs 10 towards the cost of the carry bag.
• The consumer body further directed Red Tape to pay Rs 4,000 as compensation for deficiency in service, and Rs 4,000 towards litigation expenses within 30 days.

Objection to carry bag charge

The complainant stated that he had purchased black-coloured Red Tape shoes from the Red Tape Limited outlet for Rs 2,069.70 on April 1, 2023. However, he added that the outlet had charged Rs 10 for a carry bag.

The complainant allegedly asked the staff to provide him a free carry bag, but they refused. He claimed that he was told that he had to pay the cost of a carry bag as per the company’s policy.

The complainant alleged that the said act and conduct of the Red Tape company of charging the cost of a carry bag is illegal, arbitrary and against the principle of natural justice, due to which the complainant had to suffer mental agony, pain and harassment.

Hence, he filed this complaint and sought directions from the forum to direct Red Tape to refund the cost of a carry bag with interest, to pay Rs 50,000 as compensation for harassment suffered by the complainant and Rs 22,000 as litigation expenses.

Duty to provide goods in ‘deliverable state’

Representing the complainant, advocate Sandeep Kumar argued that the Red Tape company cannot charge the cost of a bag, and it is the duty of shopkeepers and companies to provide the goods to their customers in a ‘deliverable state’.

It was further argued that the shopkeepers are expected to absorb the cost of these bags as a part of their business operations and providing them is part of the basic service expectation.

‘Did not stop shoppers from bringing own bag’

The footwear brand was represented by advocate Mukesh Singh, who submitted that the present complaint is liable to be dismissed being false, frivolous, misconceived and untenable.

It was contended that the act of the company to charge for carry bags was to promote customers to be environment-friendly by giving the message of save trees and ecology and to reduce usage of carry bags, which customers misused when they were provided free of cost.

It was further submitted that the paper bag received by the complainant was purchased by him as per information and intimation already installed at the entrance of the showroom, urging customers to carry/bring their own carry bags, keeping in view the environment and to avoid usage of extra bags.

It was further argued that the company has only given an option to the complainant and other customers of buying a carry bag, that too with the consent of the customers, and never made it mandatory for any customer to buy the carry bag.

It was further submitted that carry bags offered for purchase by the company are non-branded and do not promote the brand or publicise the brand or logo of Red Tape. It was further contended that customers are never prevented from bringing their own carry bags into the store for shopping.

Significance of ruling

The ruling highlights the importance of consumer awareness and the power of an informed shopper to challenge even seemingly minor charges. What began as a dispute over a Rs 10 carry bag charge ultimately resulted in a finding of unfair trade practice, demonstrating that consumer rights are not determined by the amount involved but by the principle at stake.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana contact: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.