Brand Factory
- Charging customer for paper carry bag with brand & logo printed Open
Nitin Agarwal filed this complaint against Brand Factory on Jun 05, 2019
We purchased a few merchandises from Brand Factory a division of Future Lifestyle Fashions Ltd. At the time of billing, we were asked to pay for the carry bag. As the merchandise could not be carried barely in hands we helpless and we paid Rs.**/- for the paper bag in spite of shopping merchandise worth above Rs. ****/-. The bag we were charged for was a paper bag with BF logo printed on it. As, its universally known that the MRP of any product includes all expenses towards selling it, including the carry bag also. So it was very unethical and forced activity on behalf of BF/FLFL.
I am enclosing the below reference from the recent decisions passed by various government agencies in this regard:
*) **/**/**** Daily order
District Consumer Disputes Redressal Forum-I,
U.T. Chandigarh
========
Consumer Complaint No. : CC/**/****
Date of Institution: **/**/****
Date of Decision: **/**/****
Dinesh Parshad Raturi S/o Shri Lalit Parshad Raturi, resident of H.No.****-A, Sector **-B, Chandigarh.
Complainant
V E R S U S
Bata India Limited, Shop No.**, Sector **-D, Chandigarh – ******, through its Manager/Authorized Signatory.
Opposite Party
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"*. Per this evidence brought on record we record a firm finding that there is unfair trade practice on the part of the opposite party in compelling the complainant to purchase the carry bag worth Rs. */- and if the opposite party is an environmental activist. He should have given the same to the complainant free of cost. It was for a gain of OP. By employing unfair trade practice, OP is minting a lot of money from all customers."
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"*. In the light of the above observations, we are of the view that the present complaint of the complainant deserves to succeed against the opposite party and the same is allowed qua it. The opposite party is directed:-
(i) To provide free carry bags to all customers forthwith who purchase articles from its Shop and stop unfair trade practice i.e. to charge for the carry bag;"
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*)State Consumer Disputes Redressal Commission
My Lifestyle International Pvt. vs Pankaj Chandgothia on ** March ****
Daily Order
State Consumer Disputes Redressal Commission,
U.T., Chandigarh
Appeal No.: ** of ****
Date of Institution: **.**.****
Date of Decision: **.**.****
M/s. Lifestyle International Pvt. Ltd., Max Retail Division, Shop No.***, First Floor, Elante Mall, Plot No.***-***-A, Industrial & Business Park, Phase I, Industrial Area through its Authorised Signatory.
Appellant/Opposite Party.
Versus
*. Pankaj Chandgothia S/o Late Shri R. S. Chandgothia, SCO No.**-**, Sector **-C, Chandigarh.
*. Sangeeta Chandgothia W/o Sh. Pankaj Chandgothia, SCO No.**-**, Sector **-C, Chandigarh.
Respondents/Complainants.
An appeal under section ** of the consumer protection Act, **** against the order dated **.**.**** passed by District Consumer Disputes Redressal Forum-I, U.T. Chandigarh in consumer complaint co. *** of ****.
XXXXXXXXXXXXXXX
complaint bearing no. *** of **** filed by the respondents/complainants was allowed in the following manner:-
"**. In the light of the above observations we are of the concerted view that the present complaint of the Complainant deserves to succeed against the opposite party, and the same is allowed, qua them. The opposite party is directed:-
(i) To provide free carry bags to all customers forthwith who purchase articles from its shop;
(ii) To refund to the complainants the amount of Rs. */- wrongly charged for the paper carry bag;"
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"*. On the other hand respondent no.*/complainant no.* on his behalf and on behalf of his wife who is respondent No.*/complainant No.*, while defending the impugned order passed by the forum, argued that rule ** of plastic waste (Management and Handling) rules, ****, on which, reliance has been placed by the appellant/opposite party, has already been omitted vide notification dated **.**.****."
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"**. It is important to mention here that the aforesaid rule ** of plastic waste (Management and Handling) rules, **** was omitted to vide subsequent notification dated **.**.**** and as such, the appellant/opposite party cannot take shelter of the said rule. Since the mandate for retailers to charge for plastic carry bags has been omitted in March ****, therefore, its contention that it could charge for paper carry bags is totally against law and has no legs to stand."
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"Undoubtedly, the opposite party has several stores across the country and in an above-said manner, made a lot of money, thus, the act of opposite party by forcing the gullible consumers to pay additionally for the paper bags is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice."
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So, the above cases, the Consumer Disputes Redressal Forum has, in the case of Bata and Lifestyle Stores, clearly stated that no seller can charge the customer for a carry bag. it is the duty of the seller to provide the buyer at least a paper carry bag free of charge. On the top of it, to charge the customer for any carry bag which has the sellers logo or brand printed on it is like using the customer for its advertising and brand promotion and making him pay for it, which is entirely unethical and punishable.
So, I request a strict action be taken on BF/FLFL and also direct them to compensate us for the agony we face while buying merchandise from them and still pay for the carry bag or else are left helpless to carry the merchandise in bare hands.
I have attached the invoices.
Are you brand?
Are you Lawyer?
Resolution Demanded:
Apology letter from company
Refund / Credit for purchase
Damages for loss and agony
Brand Factory
Resolved
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