The Gujarat State Consumer Disputes Redressal Commission has ruled that retailers should not charge customers for carry bags carrying their brand name, observing that such bags also serve as a promotional tool and turn consumers into “moving advertisements.”
The commission dismissed an appeal filed by Avenue Supermarts Ltd, which operates D-Mart stores, and directed the company to pay ₹10,000 to a consumer who challenged the practice of being charged ₹8 for a branded carry bag.
Consumer challenged carry bag charge
The case dates back to July 2019, when Sonal Vyas purchased goods worth around ₹4,000 from a D-Mart outlet in Gandhinagar. She approached the District Consumer Disputes Redressal Commission, arguing that under the Sale of Goods Act, a seller must deliver purchased goods in a manner that allows customers to carry them home and cannot compel them to buy a carry bag separately.
The district commission accepted her plea in 2020 and awarded her ₹6,000 as compensation.
D-Mart’s defence rejected
Challenging the order, the company argued that the carry bag was a separate product sold at a nominal price and that customers were informed about the charge through signboards. It also said shoppers were encouraged to bring their own bags.
However, the State Commission noted that the carry bags prominently displayed D-Mart’s name, logo and branding, giving the company continued publicity whenever customers carried them.
The commission observed that charging customers for a product that also acts as a marketing tool for the retailer amounts to an unfair trade practice.
Issue affects all consumers
Rejecting the appeal, the commission said consumers have a legitimate expectation that purchased goods will be packed in a way that allows them to carry them home conveniently.
It added that although the amount charged may be small, the issue affects a large number of consumers and consumer rights cannot be judged merely by the value of an individual transaction.