Seller can’t charge for bag carrying its name

In two unconnected incidents, Dinesh Parshad Raturi of Chandigarh and Rana Pratap Bhowmik of Agartala purchased footwear from different Bata showrooms. The showrooms packed the footwear and put them in carry bags for which an additional charge of Rs 3 was levied in the bill.

The bags had Bata’s name and logo printed on them. Therefore, Raturi and Bhowmik filed consumer cases before their respective consumer commissions to challenge the charge levied for the bags. They contended that Bata should allow customers to bring carry bags instead of compelling them to purchase bags. Secondly, if a customer requires a carry bag, a plain carry bang should be sold, not one with the seller’s name and logo, as it would result in the customer paying for an advertisement of the company’s products. Bata contested the complaint, arguing that it was only recovering a part of the cost of the bag.

After considering the rival contentions, the Chandigarh District Commission ordered Bata to discontinue the unfair trade practice and refund the amount of Rs. 3 charged for the bags. Additionally, Raturi was awarded Rs. 3,000 as compensation and Rs. 1,000 towards litigation costs. Furthermore, Bata was saddled with punitive damages of Rs. 5,000 to be deposited in the Consumer Legal Aid Account.