Brand charges Rs 10 for carry bag, Himachal man wins Rs 8,000 payout

The man allegedly purchased a pair of jeans and a T-shirt from the company’s store and was charged Rs 10 extra for a carry bag that he thought was complimentary.

himachal pradesh consumer court hawkers carry bag brand payoutThe man asked the store employee to show him any guideline allowing the company to charge Rs 10 for the bag, but no such document was shown. He later sent a legal notice. (AI-generated image)

A Himachal Pradesh consumer commission has ordered an apparel brand to pay Rs 8,010 to a customer after finding that the company had wrongly charged him Rs 10 for a carry bag in April 2025. It also pointed out that street hawkers give carry bags with the items they sell, while “big players and mega marts are charging” for it.

The man had bought a pair of jeans and a T-shirt from the company’s store, but an amount of Rs 10 was added to his bill for a carry bag that bore the brand’s name.

President Baldev Singh and member Nidhi Sharma of the Shimla District Consumer Disputes Redressal Commission held that the company could not charge for a carry bag bearing its name or logo and that the practice amounted to deficiency in service and an unfair trade practice.

“We cannot lose sight of the fact that when any person visits even to street hawkers to purchase small articles, then street hawkers or street vendors supply the carry bag with articles or wrap the articles in newspaper, meaning thereby they hand over sold articles in deliverable state, but these big players and mega marts are charging for the carry bag,” the commission observed on August 21.

Charged Rs 10 extra

The complainant claimed that on April 14, 2025, he had purchased a pair of light blue jeans and a navy blue T-shirt from the company’s store at a discounted price. At the time of billing, the employee at the counter offered the man a carry bag, which he took, believing that it was being provided free with the items he had purchased.

However, after looking at the bill, the man was surprised to see that an additional Rs 10 had been charged for the carry bag. He immediately told the employee that the amount had been wrongly charged and requested a refund, but the employee allegedly refused, saying the bill had already been issued and the payment could not be returned.

The man also asked the employee to show him any guideline allowing the company to charge Rs 10 for the carry bag, but no such document was shown to him. He later sent a legal notice to the company, but did not receive any relief. He then approached the commission alleging deficiency in service and unfair trade practice. The man was represented by advocate Aditya Sharma.

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‘Eco-friendly move’

The brand, through advocate Ketan Singh, submitted that the company has an authorised global footprint spanning 17 countries across six continents and is listed among the top footwear brands in the market. Singh pointed out that if a customer purchases any item from the store, the company does not provide a carry bag and the customer has to purchase an extra carry bag.

He argued that the company’s charge for the carry bag was to promote customers to be environmentally friendly by giving a message to save trees and ecology, and to reduce the usage of carry bags, which customers misused when they were provided free of cost.

Pointing out that there is no compulsion for the customer to purchase a carry bag from the store, the lawyer denied that the employees of the store offered the complainant a carry bag, which he took as complimentary, and was surprised to see that Rs 10 was deducted in the bill.

No notice about charges: Commission

The commission noted that the complainant had visited the store to buy jeans and a T-shirt, not a carry bag. It also referred to an earlier decision of the National Consumer Disputes Redressal Commission, which held that a carry bag sold by a retailer must be optional and cannot carry the seller’s name, logo, advertisement or slogan. If it does, the seller cannot charge the customer for it.

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The commission found that the company had not produced evidence to show that it had displayed the required notices informing customers about the carry bag charge. It further noted that the carry bag in this case carried the company’s name along with a different logo promoting a sustainable environment. Since the bag was not plain, the company could not charge the customer for it.

Accordingly, the commission directed the company to refund Rs 10 to the complainant. It also ordered the brand to pay Rs 5,000 as compensation for mental harassment and Rs 3,000 towards litigation costs, taking the total amount to Rs 8,010. The company was given 45 days to comply.

Takeaway

This ruling highlights that retailers cannot charge customers for a carry bag carrying the seller’s name, logo or advertisement. Where a carry bag is sold separately, the purchase must be optional, and the applicable notice and other conditions must be followed.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.

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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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