Chandigarh
The District Consumer Disputes Redressal Forum has directed the fast food chain to deposit Rs 5 lakh in the Poor Patient Welfare Fund of the PGI and to stop the unfair trade practice.
Jitender Bansal, a resident of Sector 27-D, had filed a complaint against Domino’s Jubilant FoodWorks Limited, Sector 8-B, Chandigarh, and its office in Noida, Uttar Pradesh.
Jitender submitted that he had ordered a take away order of food items with Domino’s on February 15 this year. When he reached the outlet to collect the order, they handed over the food items without a carry bag. He asked for a carry bag and they sought Rs 12 for it.
“Charging for a carry bag even without mentioning the same at the store is deficiency in service and an unfair trade practice. Hence, this complaint was filed,” stated Karajveer Singh, the complainant’s counsel.
In its reply, the Domino’s stated that being a socially responsible corporate, they have stopped providing polythene bags once the government banned these. Rather, they provided paper bags for a price as these are costlier. It was submitted that they were not legally obliged to provide any bag to carry purchased items for free. Moreover, it provided its products (pizzas) to customers in cardboard boxes. Hence, there was no need for carry bag, stated the opposite parties while praying for dismissal of the complaint.
The forum stated that there were no rules or notification that justified the charging of extra money for carry bags. Even the ban imposed by the authorities not to sell/provide plastic carry bags did not entitle them to charge for its substitute. “It is highly absurd on the part of the opposite parties when they claim that they are not under legal obligation to provide free carry bags, as it is not only odd but also very inconvenient for the consumer to carry food item(s) or articles without a carry bag when purchased in good number or in bulk,” stated the forum.
It highlights how retailers are not only making neat profit on the sale of bags, but also making gullible consumers pay for its brand promotion.
“It is apt to mention that the consumer forums are flooded with such complaints of charging for carry bags and the issue has already been decided by the forums declaring this trade practice as unfair. These decisions have also been upheld by the State Commission(s),” observed the forum.
The forum also stated that retailers like Domino’s were making a “mockery of law” by charging for carry bags, despite it being held an unfair trade practice, as if a strict and stringent direction was awaited.
“Certainly, the act of ignoring the orders and putting an extra burden on gullible consumers warrants a heavy penalty so as to curb this unfair trade practice,” stated the forum.
The forum imposed a penalty of Rs 5 lakh on the opposite parties in the interest of justice, which they shall deposit in the Poor Patient Welfare Fund of the PGI. The forum also directed them “to stop the unfair trade practice of charging extra money for carry bags from consumer(s)” and to refund Rs 12 wrongly charged for the paper carry bag and pay Rs 1,500 to the complainant towards compensation for harassment, mental agony and litigation expenses.
