The District Consumer Disputes Redressal Commission in Rohtak, Haryana, has directed footwear brand Red Tape to refund Rs 10 charged for a carry bag and pay Rs 8,000 in compensation and litigation costs to a customer, ruling that the practice constituted a deficiency in service and an unfair trade practice.
Case Details
The complainant alleged that he purchased a pair of black Red Tape shoes from the brand's Rohtak outlet for Rs 2,069.70 on April 1, 2023. Along with the shoes, he was charged an additional Rs 10 for a carry bag. When he requested the bag free of charge, the staff refused, citing company policy. He argued that charging for the carry bag was illegal and approached the consumer commission seeking a refund of Rs 10, Rs 50,000 as compensation for harassment, and Rs 22,000 towards litigation expenses.
Red Tape's Defence
In its defence, Red Tape argued that charging for carry bags was intended to promote environmentally responsible behaviour and discourage misuse of free bags. It further stated that customers were informed through signage at the store entrance urging them to bring their own bags, that buying a carry bag was entirely optional and never compulsory, and that the bags sold did not carry any brand logo or promotion.
Commission's Observations
The bench, comprising President Nagender Singh Kadian and Members Tripti Pannu and Vijender Singh, examined the invoice, which clearly showed the Rs 10 charge for the carry bag, along with the bag itself placed on record. They then reviewed an affidavit filed by the company and found that its own words contradicted its defence.
The affidavit stated: "I say that the opposite party is adamant on his act and charged unnecessarily Rs. 10/- for carry bag... The act and conduct of the opposite party is illegal, arbitrary and against the provision of law and principle of natural justice." The commission noted that this indicated the company had admitted to unnecessarily charging Rs 10 for the carry bag and that such action was unjustified. It concluded that the affidavit, taken as a whole, supported the customer's case and amounted to an admission that the charge was wrong.
Verdict and Compensation
The commission held that charging Rs 10 separately for the carry bag was both a deficiency in service and an unfair trade practice on the part of Red Tape. It allowed the complaint and directed Red Tape to refund the Rs 10 carry bag charge, pay Rs 4,000 as compensation for the deficiency in service, and pay another Rs 4,000 towards litigation costs, totaling Rs 8,010. The order must be complied with within 30 days, failing which Red Tape will have to pay an additional penalty of Rs 50 per week until the full amount is paid.
