This incident is not an isolated case. On October 4, a consumer court in Bengaluru fined furniture brand Ikea Rs 3,000 for charging Rs 20 for a carry bag. Despite numerous consumer court rulings against this practice, charging for carry bags remains widespread. Many individuals have voiced their concerns about this additional expense when making purchases. Rhea Anand, a 21-year-old MNC executive, expressed her frustration, saying, “I was charged Rs 10 for a gift bag at the DIY store in Kamla Nagar. They don’t provide any other bags except gift bags.” Mehfooz Alam, a 37-year-old resident of East Delhi, stated, “Charging for a carry bag is wrong and should be stopped. I have been bringing my own bag for years now.”
Legal experts argue that this practice is both unfair and illegal. However, due to the lengthy legal process, the resolution of such cases can take up to four years, providing no credible deterrence. Sanjay Sharma, a practicing advocate in Delhi, highlighted that brands, retailers, or shopkeepers cannot charge consumers for plastic, paper, or cloth carry bags with their logos. He emphasized that brands should not treat consumers as their advertisement agents and should not use ignorance of the law as an excuse.
Rule 15 of the Plastic Waste Management (Amended) Rules, 2018, which specifically addressed the pricing of plastic bags, has been omitted. Consequently, vendors and retailers are not permitted to impose a price on bags. If any brand violates this rule, consumers have the right to file a complaint in a consumer forum under Section 12 of the Consumer Protection Act, 1986, for unfair trade practices.
Additionally, if brands wish to charge consumers for carry bags, they are only allowed to do so for unbranded bags. However, this must be done with prior intimation and consent from the consumer, and the information must be clearly displayed in prominent areas within the premises.
Manisha Bhandari, an advocate practicing in Delhi High Court and Supreme Court, shared her experiences, stating, “Every time I go shopping, I have to fight against being charged for carry bags. Now, I bring my own. This issue should be included in the school curriculum to raise awareness among the next generation.”Some brands have claimed that they do not charge for carry bags that bear their brand name. Devarajan Iyer, executive director and CEO of Lifestyle, stated, “We abide by the spirit of the law and have stopped charging for carry bags. Our brand prioritizes sustainability, so we only provide paper bags.”According to legal experts, the practice of charging for carry bags began in 2011 when the Union Ministry of Environment and Forests introduced the Plastic Waste (Management and Handling) Rules. These rules mandated that retailers could no longer provide plastic carry bags free of cost to consumers. As a result, retailers began charging for paper and cloth bags.
A lawyer, who preferred to remain anonymous, expressed concern about the burden on consumer courts, noting that it often takes years to reach a resolution. “To address this issue, we need credible deterrence in the form of severe penalties,” the lawyer added.
