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A Bengaluru consumer court has penalized a liquor retail store for charging a customer ₹20 for a carry bag featuring the shop’s name and logo. The District Consumer Disputes Redressal Commission in Bengaluru held Tonique Store guilty of unfair trade practice and deficiency in service. In its order, the commission directed the outlet to refund the ₹20 bag charge, pay ₹5,000 as compensation, and provide ₹3,000 toward litigation expenses, bringing the total payout to ₹8,020. The forum observed that when a retailer provides a carry bag bearing its own branding and promotional material alongside purchased goods, charging the customer separately for that bag is unjustified.
Dispute Over Branded Carry Bag
The dispute originated on June 3, 2025, when 33-year-old Theerthesh BS, a resident of Bagalagunte, purchased liquor and other beverages worth ₹2,170 from the Tonique liquor store on Kasturba Road in Bengaluru. Since the beverages were in glass bottles, he asked the staff for a carry bag to transport them safely. The store provided a bag printed with its name, logo, and promotional details, and generated a separate bill of ₹20 for it at the time of purchase. Theerthesh objected to the fee, arguing that the retailer was using the bag to advertise its brand and should not charge customers for it. However, the store staff rejected his objection, leaving him with no alternative but to pay the ₹20 fee to carry the bottles safely. On June 17, 2025, he filed a formal complaint before the district consumer commission, seeking a refund of ₹20 and ₹25,000 in compensation for mental agony and unfair trade practice.
Store’s Defence and Legal Reasoning
Despite receiving a notice from the commission, the manager of Tonique Store failed to appear during the initial proceedings or file a response, prompting the forum to proceed ex-parte. At a later stage, the store’s legal counsel submitted written arguments stating that customers are informed in advance about carry bag charges through display boards placed across all outlets, and separate bills are generated only when a customer requests a bag. While the store acknowledged charging extra upon request, the bench comprising commission president Ramachandra MS and members Nandini H Kumbha and Savita Airani found the explanation insufficient. The panel cited the legal principle of caveat venditor, meaning let the seller beware, rather than caveat emptor, emphasizing that sellers bear responsibility for the proper packaging and safe handling of the products they sell.
Commission’s Order and Broader Impact
The commission noted that a retailer selling glass liquor bottles must recognize that customers require a bag to carry them home safely, making packing arrangements an essential part of the sale process. Charging separately for a promotional bag carrying the outlet’s name and logo therefore amounts to both a deficiency in service and an unfair trade practice. The panel also observed that the store’s initial failure to appear and contest the notice supported the complainant’s allegations, and its subsequent written submissions failed to justify the charge. Delivering its final order on October 14, the commission directed Tonique Store to refund ₹20 and pay ₹8,000 in combined compensation and legal costs. The ruling serves as a clear precedent for retail businesses, establishing that merely displaying notice boards about bag fees does not validate charging customers for branded carry bags needed to safely transport fragile purchases.
