Shops Can’t Charge You for Branded Carry Bags

According to the Consumer Forum’s new Consumer Protection Act of 2019, any seller or brand cannot charge the customer for a branded carry bag as the practice is unfair & illegal.

Who doesn’t like shopping? Going out with your family or friends and buying a few things because we need them and some because we liked them. Many people now have a habit of carrying their own bags as charging for the carry bags is a very common practice in India. Therefore, it is very important for us all to be aware & updated of our consumers’ rights so that we don’t get cheated out of money, no matter how small the amount. As consumers it is our right to be treated fairly and with honesty. Recently it has become a growing trend for shops & brands to charge money for carry bags. Whether you have made a purchase at a local convenience store or shopped at the high-end mall, one of the items in the bill is the charges for the ‘bag’ most of the time. These charges can vary anywhere from ?3 to ?20 and many of us end up paying for the carry bags because of lack of awareness of our consumer rights. It all started in 2011, when The Plastic Waste (Management and Handling) Rules were implemented and rule no. 15 said that no carry bag should be made available free of cost by retailers to consumers. This rule was implemented by the government to minimize the use of harmful & non-biodegradable plastic. However, retailers misused this rule and started illegally charging for cotton, paper and jute bags too along with plastic bags. This rule was canceled in 2018. Later in 2022, when the government completely banned the use of non-biodegradable & cheap plastic bags completely, the retailers didn’t have an option but to switch to recyclable cotton, jute and paper bags. That's when brands started putting their brandings like name & logos on the paper & jute bags to promote themselves. But now, retailers started charging for carry bags because it became an ‘additional charge’ or ‘extra expense’ after the ban of plastic bags. However, as per the new Consumer Protection Act of 2019, retailers & shopkeepers cannot charge the customers for plastic, cotton, jute or paper carry bags with their Brand logos printed on them because it publices & markets the brand. However, the retailer can charge for the plain carry bags, with prior intimation and consent of Consumers and by displaying the information at conspicuous places in the Business premises. The Delhi High Court in October 2023 ordered Reliance Trends to pay a fine of Rs 3,000 for charging a customer Rs 7 for a carry bag. In a similar incident, the Hyderabad high court fined the renowned furniture brand Ikea Rs 6,000 for charging Rs 20 for a carry bag. The legal experts of the country continue to argue that the practice of charging customers for a branded carry bag is both unfair & illegal.  Yet most customers pay for the bags because it's a nominal amount and to avoid the lengthy legal processes. Remember If a shopkeeper charges you for a branded (with their name / logo) carry bag then you must file a complaint against him in the consumer court, because knowing and practicing our consumer rights only can stop such malpractices in India.

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