Wednesday, November 22, 2023

Unpacking Shopping Bag Charges: Recent Bangalore Consumer Court Ruling


This is an important update to the August 2023 blog post, "Shopping Bag Charges from a Legal Perspective," where I delved into the dynamics between consumer rights, trademark laws, and retail practices. In that piece, I discussed how the common practice of charging for branded bags as an extension of a brand's identity was considered legitimate by large retail chains.

Fast forward to now, and a significant development following a recent ruling by the Bangalore Consumer Court. This ruling challenges the legitimacy of charging customers for what has been considered a promotional item – a shopping bag printed with a brand's logo.

In this case, a Bengaluru resident took furniture giant Ikea to court for charging ₹20 for a carry bag with the company logo. She visited the store in October 2022, where she purchased items worth ₹2,428. However, she was charged an additional ₹20 for a carry bag.

Upon questioning the staff about this charge, she expressed her concern and requested that the carry bag be provided for free to customers. Despite her objections, the employees insisted that it was their policy, and she ended up paying the amount.

Later, 11 days after the purchase, she demanded a refund and sent a legal notice to Ikea, arguing that mandating a carry bag with the company logo for all customers amounted to "advertising," which she considered "spurious" and an "unfair trade practice." The court ruled in her favour, stating that Ikea was guilty of unfair trade practice, emphasizing that the seller is responsible for covering all expenses related to delivering goods to the customer.

In simple terms, the court found Ikea at fault for making customers pay for a carry bag with the company logo, considering it an unfair trade practice. The judgment reinforces that sellers should cover the expenses associated with providing goods to customers. As a result, the Consumer Court granted relief of ₹3,020 to her.

In conclusion, this judgement against Ikea sheds light on the importance of consumer rights and fair trade practices. The court's ruling underscores that businesses, even global giants, are obligated to bear the expenses related to delivering goods to customers. This decision reaffirms the principle that consumers should not be unfairly burdened with additional charges for essential items like carry bags.

As I unpack the implications of this recent judgment, I explore how routine transactions are continually reshaped by the evolving landscape of the law.

[Sangeeta Bohra vs. Ikea India Private Limited CC No. 73/2023 dated 4th October 2023 (Bangalore Consumer Disputes Redressal Commission)]