Rohtak. In Rohtak, Haryana, handing over a carry bag worth Rs 10 along with shoes to a customer proved costly for the famous footwear brand ‘Red Tape’. After a three-year long legal battle, the Haryana Consumer Commission has ruled in favor of the customer. Terming this additional fee as unfair, the Commission has ordered Red Tape to return Rs 10 per bag along with paying compensation of Rs 8,000 and legal expenses to the customer.
According to the Indian Express report, on April 1, 2023, a 27-year-old youth from Rohtak had purchased black shoes worth Rs 2,069.70 from the outlet of Red Tape Limited. During billing, the outlet charged Rs 10 separately for the carry bag. When the customer demanded to give the bag for free, the employees flatly refused citing company policy.
Angered by this, the customer approached the consumer forum. He alleged that charging money for the bags is illegal and against the principle of natural justice. The customer had appealed to the forum to provide him compensation of Rs 50,000 for mental torture and Rs 22,000 as legal expenses.
Advocate Mukesh Singh, representing the side of red tape in this case, appealed to dismiss the complaint. The company’s argument was that the purpose of charging for carry bags was to make customers aware of the environment, save trees and reduce the use of carry bags.
The company said that when bags are given free, customers misuse them. It was already announced outside the showroom that customers can bring their own bags keeping the environment in mind.
The company’s argument was that purchasing the bag was not mandatory for any customer, rather it was completely dependent on the consent of the customers. Apart from this, there was no branding on the bag, which was promoting the company.
At the same time, advocate Sandeep Kumar, appearing on behalf of the customer, said in his strong argument that no company can recover the price of the bag. He said it is the basic duty of shopkeepers and companies to hand over goods to customers in ‘deliverable condition’. Shopkeepers should bear the cost of such bags as part of their business operations as it is part of basic customer service.
The bench of Haryana Consumer Commission Chairman Nagendra Singh Kadian and members Trupti Pannu and Dr. Vijendra Singh gave its verdict on this matter on June 12. The Commission found that Red Tape’s own affidavit contained material which admitted that unnecessary money was taken for the carry bags.
The court termed it as deficiency in service and unfair trade practice. The Commission ordered Red Tape to refund Rs 10 per carry bag. Apart from this, within 30 days, Rs 4,000 should be paid to the customer as compensation for deficiency in service and Rs 4,000 as legal expenses (total Rs 8000).
This decision shows the awareness of customers and the strength of their rights. This controversy that started with a simple carry bag of Rs 10 has become a big example against unfair trade. This clearly shows that in a fight for consumer rights, it does not matter how small the amount in dispute is, but the principles underlying the matter are more important.
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