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Easyday asked to refund Rs 4, pay Rs 2000 compensation to a buyer; Here's why
Harvinder Kaur
Babushahi Bureau
Chandigarh, May 20, 2022: The District Consumer Disputes Redressal Commission, Ludhiana has directed Easyday supermarket to refund Rs 4 for charging for carry bags and also pay a compensation of Rs 2000.
The retail brand chain in Ludhiana has also been asked to pay the litigation cost of Rs 1000 to the complainant.
Rishi Kumar, a Rishi Nagar resident, had moved consumer forum against Ludhiana-based Easyday supermarket in May 2019.
In his complaint, he accused Easyday of deficiency in services.
In March 2019, the complainant purchased one grocery item from the retail outlet of the OP for a sum of Rs.138/-.
"In addition to the cost of the product, the outlet charged an extra amount of Rs.4/- for the carry bag which was having an endorsement of the brand logo of the Easyday," said the complainant before the forum, expressing that charging extra amount for carry bags amounts to a deficiency in services.
The Easyday however contended before the forum that the complainant was expressly informed at the cashier’s counter that in the event he asked for a carry bag, he would have to pay a sum of Rs.4, as the practice encouraged customers to bring their own bags, and reduced plastic waste.
The counsel for Easyday further argued that the sale of the carry bag by the retail outlet for a price cannot be said to be an unfair trade practice as the paper bag is billed only if the customer is willing and gives his consent to purchase the same. Since the complainant voluntarily purchased the same, it cannot be said that he has been unduly charged the price of the carry bag.
Consumer Forum's observation:
It has been unequivocally held in Big Bazaar (Future Retail Ltd.) Vs. Ashok Kumar (Supra) that if a shopkeeper intends to deviate from the past practice of supplying the free carry bag to the customer, he is required to give adequate prominent prior notice to the consumer before the consumer makes his choice of patronizing a particular retail outlet and if no such prior notice is given and the factum of charging the carry bag is disclosed to the complainant at the payment counter only, this amounts to causing harassment and embarrassment to the consumer, which tantamounts to unfair trade and deceptive practice.
In the instant case also, it is not the case of the opposite party that any such notice regarding charging the price of carry bag was prominently displayed in their showroom nor any such thing has been mentioned in the affidavit Ex. RA submitted by the OP. Therefore, as per the law laid down by Hon’ble National Commission in Big Bazaar (Future Retail Ltd.) Vs. Ashok Kumar (Supra), the OPs could not have charged the amount of Rs.4/- from the complainant as the complainant was asked at the payment counter after he had already made the purchase.