Chandigarh: Charging for carry bag without prior notice is unfair trade practice, says Panel

Holding that charging a customer for a carry bag without prior disclosure amounts to an unfair trade practice, the District Consumer Disputes Redressal Commission, Chandigarh, has directed Sector 35-C retailer, to refund ₹12 charged for a paper bag, besides paying ₹1,000 compensation for mental agony and harassment and ₹500 as litigation costs.

The commission passed the order on August 3 over a ₹12 charge for a paper carry bag.

The complainant, Shivani, had purchased items from the store on September 21, 2025. She objected when ₹12 was added to her bill for a paper carry bag. According to her complaint, the cashier told her that charges for the bag was company policy.

The retailer, in its defence, argued that purchasing the bag was optional and customers were free to bring their own bags. It also submitted that there was no legal requirement for retailers to provide carry bags free of cost and said the paper bag was an environmentally friendly alternative to plastic bags.

The commission, however, relied on a ruling of the National Consumer Commission in Big Bazaar v Ashok Kumar, which held that while a retailer may charge for a carry bag, the customer must be clearly informed about the additional charge before choosing and purchasing the goods.

The commission observed that merely informing the customer about the charge at the billing counter was not sufficient, as by then the customer had already selected the goods and was proceeding to make the payment.

Holding the levy of the ₹12 charge to constitute an unfair trade practice, the commission directed the retailer to refund the amount to the complainant. It also awarded ₹1,000 as compensation for mental agony and harassment and ₹500 towards litigation costs.

The store has been given 45 days from receipt of the certified copy of the order to comply. In case of non-compliance, the ₹12 refund and ₹1,000 compensation will carry 12% simple penal interest per annum after expiry of the 45 day period until payment.

The order, however, does not bar retailers from charging for carry bags. It makes clear that customers must be given prominent prior information about the additional charge before they make their purchase.