District Consumer Disputes Redressal Commission Rules Against Decathlon for Unfair Trade Practices
In a landmark decision, the District Consumer Disputes Redressal Commission in Gurgaon has found Decathlon guilty of deficiency in services and unfair trade practices for charging an additional Rs. 12 for a carry bag. The bench, comprising President Sanjeev Jindal, Member Jyoti Siwach, and Member Khuswinder Kaur, directed Decathlon to refund the Rs. 12 charge to the complainant and pay Rs. 26,000 in compensation and litigation costs.
Background of the Case
The complainant visited a Decathlon store and purchased various items totaling Rs. 1909. Decathlon levied an additional Rs. 12 charge for a carry bag, which the complainant argued was against the Consumer Protection Act, 2019, and constituted both a deficient service and an unfair trade practice. After Decathlon failed to address the complainant’s objections, the complainant filed a consumer complaint with the District Consumer Disputes Redressal Commission in Gurgaon, Haryana.
Key References and Legal Grounds
The District Commission referred to the National Consumer Disputes Redressal Commission (NCDRC) decision in Big Bazar (Future Retail Ltd.) vs Ashok Kumar, where it was ruled that extra charges for carry bags by large retailers were unjustifiable and constituted an unfair trade practice. The bench noted that the imposition of carry bag fees exploited the retailer’s advantageous position and coerced customers into unnecessary purchases.
Additionally, the District Commission cited the Chandigarh State Commission decision in M/s Lifestyle International Pvt. Ltd. vs Pankaj Chandgothia, which held that retailers are responsible for providing free carry bags to all customers making purchases. The ruling also highlighted an amendment to the Plastic Waste (Management and Handling) Rules, 2011, which invalidated the provision allowing retailers to charge for carry bags.
Commission’s Findings and Order
The District Commission concluded that Decathlon committed a deficiency in service and engaged in an unfair trade practice. It ruled that under the Sale of Goods Act, 1930, the expenses related to packaging and making goods deliverable should be borne by the seller, not the consumer.
Consequently, the District Commission directed Decathlon to:
- Refund Rs. 12 to the complainant for the carry bag charge.
- Pay a compensation of Rs. 15,000 to the complainant.
- Cover Rs. 11,000 in litigation costs incurred by the complainant.
Impact and Implications
This ruling sets a significant precedent against the practice of charging customers for carry bags, particularly by large retailers. It reinforces consumer rights under the Consumer Protection Act, 2019, and emphasizes the obligation of retailers to bear the costs associated with packaging and delivery of goods.
Conclusion
The decision by the District Consumer Disputes Redressal Commission in Gurgaon marks a pivotal step in protecting consumer rights and curbing unfair trade practices by large retailers. Consumers across India can now look forward to more transparent and fairer shopping experiences without the burden of additional charges for essential packaging.
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