Consumer Forum Asks Bata to Pay fine for Charging Rs3 for a Paper Bag

Moneylife Digital Team 15 April 2019

Consumer Interest

In an unusual victory for the consumer, a District Consumer Forum in Chandigarh has awarded complainant Dinesh Parshad Raturi, Rs3,000 as compensation and Rs1,000 as litigation expenses as Bata India had wrongly charged for a paper carry bag.

Bata India had pleaded in the case that it charges Rs3 for a paper carry bag for the purpose of environmental safety, to which the Consumer Forum responded “if Bata India is an environmental activist, it should have given the same to the complainant free of cost.”

To this effect, the forum has also directed the company to provide free carry bags to all customers who purchase its articles.

The forum has directed Bata India to refund Rs3 wrongly charged for the paper carry bag from the Chandigarh resident and also deposit Rs5,000 in the “Consumer Legal Aid Account” in the name of Secretary, State Consumer Disputes Redressal Commission, UT, Chandigarh.

As per the complaint filed with the forum on 8 February 2019, Mr Raturi alleged that he purchased a pair of shoes from the Bata shop in Sector 22, Chandigarh few days ago. He added that the actual price of a pair of shoes that he purchased was Rs399, but he paid Rs402 and when he checked the bill, found that he was charged Rs3 for the paper bag. As usual, the cashier at the Bata store handed over the pair of shoes and put in a paper bag bearing the advertisement name of the ship ‘BATA’. However, Mr Raturi had no intention of ever purchasing a carry bag.

Mr Raturi stated that it was the duty of the store to provide the carry bag, but he was forced to pay a price for it, which was being in turn used as advertisement by Bata.

He added that “Bata Surprisingly Stylish”,“Barcelona Milan Singapore New Delhi Rome” was printed on the paper bag. In the case, he alleged that at the cost of the consumer, Bata India was advertising it’s products.

However, Bata submitted that for the purpose of environmental safety, the complainant was given a carry bag at the cost of Rs3.

After hearing the arguments, the forum stated that the affidavit furnished by the complainant is that “he never intended to purchase carry bag and it was to be provided by seller, Bata”, and “it was an essential item for sale of product”.

The forum held that “there is unfair trade practice on the part of Bata India in compelling the complainant to purchase the carry bag worth Rs3 and if Bata India is an environmental activist, it should have given the same to the complainant free of cost” and “it was for gain of the company”. “…By employing unfair trade practice, opposite party [Bata] is minting lot of money from all customers…,” read the forum judgment released on 12 April 2019.

The forum thus directed Bata India to provide free carry bags to all its customers forthwith who purchase articles from its shop.

Comments

User

Abhishek Sarda

7 years ago

All commenters here who say that stores should provide bags free of charge SHOULD BE ASHAMED. Instead of thinking about the environment, you are thinking only about your convenience. When you are charged for a bag, paper or plastic, you will generally try to avoid paying that amount by carrying your own bag (cloth/paper/plastic).

Most countries are banning plastic bags, or are charging money for such bags. The UK has put in a 10p charge for all plastic carry bags since Jan 2019. This has reduced bag consumption by over 80 %!

And we are headed in the opposite direction. Paper bags are produced from something, that something is usually recycled paper pulp OR in some cases, wood pulp (which means cutting down trees). In any case, isn't a more environment friendly idea to reuse bags?

A progressive measure, charging for bags (whether plastic or paper; paper costs 10x more than plastic) is being negated by the forum.

Sucheta Dalal

Replied to Abhishek Sarda comment 7 years ago

Not at all. Most people have begun to carry their bags. The rule to charge for bags was to discourage use of plastics, it wasn't meant to allow large departmental stores to convert it into a branding and profit opportunity by forcing customers to buy branded bags . Any bag that I pay for in a shop ought to be plain, unbranded and made of recycled or upcycled material (at the least). Why do I need to pay for displaying a corporate brand?

Abhishek Sarda

Replied to Sucheta Dalal comment 7 years ago

My entire comment was to raise the issue of the environmental impact of "free" bags. I have not, and will not discuss the advertising/branding aspect. It's a moot point.

When a shopper gets a bag for free, they don't value the environmental cost it entails. Which is why I mentioned the UK law.

What the forum had a chance to do; and missed doing so, was to take into consideration the impact on the environment of their diktat to provide "free" bags. The forum's decision might be now used to browbeat the retail sector (or for that matter, much of the economy) to provide bags for free.

Eventhough we took a far leap forward with the banning of plastic bags, we are now backtracking on our overall commitment to the environment. This should not be the case. /

K G NAGAR

7 years ago

Jute bag be given instead of paper bag at a reasonable price. It is durable and reusable. After some time it will cultivate habit among customers for brining the bag from home as purchase of bag every time will be a burden on pocket. Providing free paper bag is not good for environment also. I suggest that sales proceeds of paper bag be transferred to 'environment protection fund' instead of keeping by vendors.

B. KRISHNAN

7 years ago

The practice of offering carry bags to customers is a western practice. In the good old days we used to carry our own bags to shops. To some extent this practice was also encouraged by plastic manufacturers whose production and revenues spiraled as a result. Even paper bags have an environmental cost. Best thing is to revert to carrying own bags when shopping. This will take some doing.

B. KRISHNAN

7 years ago

RAVINDRA PRABHAKAR JOSHI

7 years ago

I had experienced the similar thing in West Side -store, Baner, Pune. I had a lot of argument abut Paper Bag charges they imposed with the cashier. But was later had to stop due to family pressure.
I do not know whether West Side- a Tata venture - I believe ,still follow the practice of charging for paper bags.
Hope they take a hint from this article.

Mudi

7 years ago

Even Big Bazaar is making shameful profit out of carry bags! Bata Stores Salesman is NOT asking our permission to sell his paper Bag and debiting my purse!!

B. KRISHNAN

7 years ago

After the recent rulings against plastic bags, it has become the practice for all kinds of shops and establishments (including restaurants) to charge an abnormally high price for paper carry bags which they use to advertise their store/product. I am glad that a consumer had the time and energy to drag a corporate like Bata to court on this issue. Hope other establishments will take note!

Meenal Mamdani

7 years ago

This is a set back for the environment.
Customer should bring his/her own bag rather than expect one from the retailer. Bags, whether paper or plastic, create garbage. Paper bags are superior as they will degrade over time unlike the plastic ones. However, if you think of the damage done to the environment in the production of the paper bag, namely cutting tress for wood pulp, the chemicals used to manufacture the article, all this harms the environment.
It is far better to reuse bags that a person already has rather than insist on getting a bag from the store.

Abhishek Sarda

Replied to Meenal Mamdani comment 7 years ago

Agreed.

Harish Khattar

Replied to Meenal Mamdani comment 7 years ago

Well said.

K V RAO

7 years ago

This is a landmark judgement having serious implications. Today all big companies and malls collect bag cost. Small shops do the same. I complement the litigant for dragging BATA to Consumer Court. Most of us just bear the cost. Somebody took the trouble of filing a case and consumers would be delighted. I think we should carry this feature and show to the management whenever we are charged. Thanks to Moneylife for bringing to our attention.

Meenal Mamdani

Replied to K V RAO comment 7 years ago

I think that you are shortsighted.
So you think that you are protecting consumer rights.
However at the same time you are encouraging consumers to damage the environment.
It is better for consumers to use bags over and over again rather than demand a new bag from the store, paper/plastic, with each purchase.

Krishnamoorthy Nataraj

Replied to Meenal Mamdani comment 7 years ago

Environment protection is must, no second opinion on that. BATA used that as an excuse to charge someone, they could have handed over plain paper bag instead. If they are super cautious of environment, put a message on the paper bag encouraging other ways or discouraging its use.

Harish Khattar

Replied to K V RAO comment 7 years ago

Very well said.