Can Stores Charge for Carry Bags? Uttarakhand Consumer Commission Answers [Read Order]

Dehradun: The Uttarakhand State Consumer Disputes Redressal Commission has dismissed an appeal against Vishal Mega Mart over a ₹18 charge levied for a carry bag, holding that the complainant purchased the bag of his own free will and that no law mandates a store to provide carry bags free of cost. The Bench of President Ms. Kumkum Rani and Member Mr. B.S. Manral pronounced the order on 30 October 2026, upholding the order of the District Commission, Almora.

The appellant, Dr. Ramesh Singh Danu of Almora, had purchased goods from the Vishal Mega Mart store on L.R. Shah Road, Almora, on 18.01.2023, for which a bill of ₹1,435 was issued. The bill included ₹18 towards a shopping or carry bag, which, according to him, amounts to an unfair trade practice. After a legal notice dated 27.01.2023 yielded no result, he filed Consumer Complaint No. 28 of 2023 before the District Commission, which dismissed it on 22.08.2024. He then filed the appeal under Section 41 of the Consumer Protection Act, 2019.

The store had contended before the District Commission that, at the time of billing, its executive at the cash counter informed the complainant about the charges for different carry bags and told him that he could use his own bag. It said that the availability of bags at different prices was displayed at the billing counter and at various places in the store, that the complainant himself chose to buy the ₹18 bag, and that no law requires free carry bags to be provided.

The State Commission noted that the complaint did not aver that he was forced or compelled by the store executive to buy the carry bag, and that he did not protest against the charge at the time of billing. It held that, if he was unwilling to buy the bag, there was no compulsion on him to do so, and that he could have carried the goods on his own arrangement. It concluded that he decided to buy the bag consciously, out of his free will and consent.

Counsel for the appellant relied on the National Commission’s order dated 22.12.2020 in Big Bazaar (Future Retail Ltd.) v. Sahil Dawar (Revision Petition No. 975 of 2020), which held that levying a charge for carry bags at the payment counter without prominent prior notice is an unfair trade practice. The State Commission held that the ruling had no application to the present case, as the store had specifically pleaded that the charge was displayed at the counter and in the store, and the complainant had not said that he was unaware of the charge or misled in any way by the executive.

The Commission added that it is well settled that a shopkeeper is under no obligation to supply carry bags, and that there is “no law which mandates providing free carry bag to the customer”. It therefore found the District Commission completely justified in dismissing the complaint, saw no scope to interfere, and dismissed the appeal with no order as to costs.

Appearances: For the Appellant: Ms. Chandra Kala, Advocate. For the Respondent: Sh. Rahul Gupta, Advocate.

Case Title: Dr. Ramesh Singh Danu v. Vishal Mega Mart, Appeal No. SC/5/A/25/2024

[Read Order]