5 min readNew DelhiUpdated: Aug 5, 2026 01:50 PM IST
A Punjab Consumer Commission has ordered a 24 Seven Convenience Store in Zirakpur to refund Rs 10 charged for a carry bag and pay Rs 1,600 towards compensation and litigation expenses, more than four years after a customer challenged the charge, holding that compelling shoppers to pay separately for carry bags used to deliver purchased goods amounts to deficiency in service and an unfair trade practice.
The Ropar District Consumer Disputes Redressal Commission, comprising president Kuljit Pal Singh and members Ranvir Kaur and Ramesh Kumar Gupta, was hearing Anish Kansal’s complaint against 24 Seven Convenience Store over a separate charge for a non-woven carry bag billed with food and grocery items purchased from its Zirakpur outlet on January 1, 2022.
“Once a consumer purchases goods from a retail outlet, the trader cannot compel the consumer to purchase a carry bag separately, particularly when such carry bag also serves the trader’s own business purpose by facilitating delivery of the goods and often carries the trader’s name, logo or brand, thereby acting as an advertisement,” the commission observed on July 9.
Citing the National Consumer Disputes Redressal Commission‘s ruling in Big Bazaar (Future Retail Limited) vs Sahil Dawar, the commission held that retailers cannot impose a carry bag charge after customers have completed shopping and reached the billing counter, observing that consumers have a right to know about any such charge before deciding to shop at a retail outlet and before selecting goods.
Customer’s objection
According to the complaint, Kansal purchased food and grocery items worth approximately Rs 943 from the 24 Seven Convenience Store at Square One, Singhpura, Zirakpur. The retail bill also reflected a separate charge of Rs 10 for a “Non-Woven Carry Bag 20 × 20 Inch”.
Kansal alleged that the retailer adopted an unfair trade practice by compelling him to pay separately for a non-woven carry bag used to carry his purchases. After a legal notice failed to elicit any response, he approached the commission seeking a refund, compensation and litigation expenses.
The retailer neither filed its written version within the statutory period under the Consumer Protection Act, 2019, nor contested the proceedings, following which it was proceeded against ex parte. The commission, however, examined the complaint on the merits under Section 38(3)(c) of the Act and considered the material available on record before deciding the case.
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The commission found that the unrebutted retail bill showed a separate Rs 10 charge for the non-woven carry bag. It added that the legality of such a charge depends not on the nature of the bag or the retailer’s profit, but on whether the consumer was subjected to an arbitrary or deceptive practice. Finding the present case to be governed by the same principles, the commission ruled against the retailer.
Seller must bear cost
- The commission further relied on Section 36(5) of the Sale of Goods Act, 1930, which provides that, unless otherwise agreed, the expenses of and incidental to putting goods into a deliverable state are to be borne by the seller.
- Applying this provision, the bench held that the non-woven carry bag in the present case was not purchased as an independent commercial product but was used solely to pack and deliver the goods purchased by the complainant.
- The retailer failed to produce any evidence showing that the complainant had voluntarily chosen to buy the carry bag separately or that any genuine and meaningful alternative had been offered.
- “The respondent, by recovering a separate amount for the carry bag, has in effect transferred a part of its statutory and commercial obligation onto the consumer, which the law does not permit,” the commission observed.
- It added that compelling a consumer to pay an additional amount merely to take possession of goods already purchased amounted to unjust enrichment at the consumer’s expense and constituted deficiency in service as well as an unfair trade practice under the Consumer Protection Act, 2019.
Partly allowing the complaint, the commission directed 24 Seven Convenience Store to refund Rs 10 charged towards the non-woven carry bag, pay Rs 500 as compensation for mental agony, inconvenience and harassment, and Rs 1,100 towards litigation expenses.
The retailer has been directed to comply with the order within 45 days from the date of receipt of a certified copy. In the event of non-compliance, the commission said the complainant would be at liberty to initiate appropriate execution proceedings under the Consumer Protection Act, 2019, in accordance with law.
Consumer takeaway
Retailers cannot compel customers to pay separately for a carry bag used to pack and deliver purchased goods without giving them a prior informed choice. If charged, consumers can challenge the levy before a consumer commission.
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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Punjab: 0800–22577) or call the National Consumer Helpline at 1915 for assistance.
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