Lucknow: The District Consumer Disputes Redressal Commission – I, Lucknow in Shashi Kant Shukla vs Vishal Mega Mart has held retail chain Vishal Mega Mart guilty of engaging in unfair trade practices and providing deficient services by charging a consumer ₹18 for a carry bag without obtaining prior consent.
The bench, comprising Commission President Neelkanth Sahay and Members Sonia Singh and Kumar Raghvendra Singh, emphasized that compelling customers to pay for essential packaging without explicit approval goes against accepted retail norms and established legal precedents.
Background of the Case
The complaint was filed by Mr. Shashi Kant Shukla, who had purchased a shirt priced at ₹599 from Vishal Mega Mart. At the time of billing, an additional ₹18 was charged for a carry bag, pushing the total to ₹616. Mr. Shukla contended that he neither requested a bag nor was informed about the extra cost, and yet was forced to pay the full amount. His attempt to resolve the issue through a legal notice was met with no response from the company, prompting him to file a consumer complaint.
ALSO READ: Call for Cyber Experts: Join FCRF Academy as Trainers and Course Creators
Commission’s Observations
The retailer failed to appear before the Commission, resulting in the case proceeding ex parte. The Commission observed that retail outlets are obligated to provide basic packaging such as carry bags free of charge unless the customer expressly opts out or agrees to pay for it.
Relying on the National Consumer Disputes Redressal Commission (NCDRC)’s 2020 judgment in Big Bazaar (Future Retail Ltd.) vs. Sahil Dawar, the Commission reaffirmed that charging for carry bags without prior consent constitutes both a deficiency in service and an unfair trade practice.
Relief Granted
Ruling in favor of the complainant, the Commission directed Vishal Mega Mart to:
- Refund ₹18 to the complainant within 45 days
- Pay 9% annual interest on the ₹18 from the date it was charged until the date of refund
- Pay ₹25,000 as compensation for mental and physical distress
- Pay ₹10,000 towards litigation expenses.
The Commission also issued a stern warning that failure to comply with the order would attract an interest of 12% per annum on the due amount.