Brand Factory A Division Of Future Lifestyle Fashions Ltd — charging customer for paper carry bag with brand & logo printed

Address: Agra, Uttar Pradesh

We purchased a few merchandise from Brand Factory - a division of Future Lifestyle Fashions Ltd. At the time of billing, we were asked to pay for the carry bag. As the merchandise could not be carried bare in hands, we helpless and we paid Rs.10/- for the paper bag in spite of shopping merchandise worth above Rs.2000/- The bag we were charged for was a paper bag with BF logo printed on it. As, its universally known that the MRP of any product includes all expenses towards selling it, including the carry bag also. So, it was very unethical and forced activity on behalf of BF/FLFL.
I am enclosing the below reference from the recent decisions passed by various government agencies in this regard:

1)
14/04/2019 Daily Order
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,
U.T. CHANDIGARH
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Consumer Complaint No. : CC/64/2019
Date of Institution : 08/02/2019
Date of Decision : 09/04/2019

Dinesh Parshad Raturi S/o Shri Lalit Parshad Raturi, resident of H.No.1745-A, Sector 23-B, Chandigarh.
...Complainant
V E R S U S
Bata India Limited, Shop No.32, Sector 22-D, Chandigarh – 160022, through its Manager/Authorized Signatory.
...Opposite Party

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"6. Per this evidence brought on record, we record a firm finding that there is unfair trade practice on the part of Opposite Party in compelling the complainant to purchase the carry bag worth Rs.3/- and if the Opposite Party is a environmental activist, he should have given the same to the complainant free of cost. It was for gain of OP. By employing unfair trade practice, OP is minting lot of money from all customers."
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"7. In the light of above observations, we are of the view that the present complaint of the complainant deserves to succeed against the Opposite Party and the same is allowed qua it. The Opposite Party is directed:-
(i) To provide free carry bags to all customers forthwith who purchase articles from its Shop and stop unfair trade practice i.e. to charge for carry bag;"
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2)
State Consumer Disputes Redressal Commission
My Lifestyle International Pvt. ... vs Pankaj Chandgothia on 18 March, 2019
Daily Order
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH

Appeal No. : 24 of 2019
Date of Institution : 01.02.2019
Date of Decision : 18.03.2019

M/s. Lifestyle International Pvt. Ltd., Max Retail Division, Shop No.153, First Floor, Elante Mall, Plot No.178-178-A, Industrial & Business Park, Phase I, Industrial Area through its Authorised Signatory.
...Appellant/Opposite Party.
Versus
1. Pankaj Chandgothia S/o Late Shri R. S. Chandgothia, SCO No.14-15, Sector 28-C, Chandigarh.
2. Sangeeta Chandgothia W/o Sh. Pankaj Chandgothia, SCO No.14-15, Sector 28-C, Chandigarh.
...Respondents/Complainants.

Appeal under Section 15 of the Consumer Protection Act, 1986 against order dated 03.01.2019 passed by District Consumer Disputes Redressal Forum-I, U.T. Chandigarh in Consumer Complaint No.438 of 2018.

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complaint bearing No.438 of 2018 filed by the respondents/complainants was allowed in the following manner:-
"12. In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua them. The Opposite Party is directed:-
(i) To provide free carry bags to all customers forthwith who purchase articles from its Shop;
(ii) To refund to the Complainants the amount of Rs.5/- wrongly charged for the paper carry bag;"
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"8. On the other hand, respondent No.1/complainant No.1 on his behalf and on behalf of his wife who is respondent No.2/complainant No.2, while defending the impugned order passed by the Forum, argued that Rule 15 of Plastic Waste (Management and Handling) Rules, 2016, on which, reliance has been placed by the appellant/opposite party, has already been omitted vide Notification dated 27.03.2018."
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"12. ... It is important to mention here that the aforesaid Rule 15 of Plastic Waste (Management and Handling) Rules, 2016 was omitted vide subsequent Notification dated 27.03.2018 and as such, the appellant/opposite party cannot take shelter of the said rule. Since the mandate for retailers to charge for plastic carry bags has been omitted in March 2018, therefore, its contention that it could charge for paper carry bags is totally against law and has no legs to stand."
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"...Undoubtedly, the Opposite Party has several stores across the country and in the above said manner, made lot of money, thus, the act of Opposite Party by forcing the gullible consumers to pay additionally for the paper bags is surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice."
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So, the above cases, the CONSUMER DISPUTES REDRESSAL FORUM has, in the case of Bata and Lifestyle Stores, clearly stated that no seller can charge the customer for a carry bag. it is the duty of the seller to provide the buyer atleast a paper carry bag free of charge. On the top of it, to charge the customer for any carry bag which has the sellers logo or brand printed on it is like using the customer for its advertising and brand promotion and making him pay for it, which is entirely unethical and punishable.

So, I request a strict action be taken on BF/FLFL and also direct them to compensate us for the egony we face while buying merchandise from them and still pay for the carry bag or else are left helpless to carry the merchandise in bare hands.

I have attached the invoices.

Thanks
Nitin Agarwal
[protected]