Star Bazar-Trent Hypermarket was directed to refund ₹6 which it charged a customer for a plastic carry bag, and was also asked to pay punitive damages to the tune of ₹1.50 lakh.
The directions were given by District Consumer Disputes Redressal Commission-II, Hyderabad, president Vakkanti Narasimha Rao and members P.V.T.R. Jawahar Babu and R.S. Rajashree while dealing with a complaint filed by Yerramalla Sanjay (43), a resident of Dilsukhnagar.
The complainant stated that on May 31, 2019, the store had charged ₹6 for a plastic bag carrying its logo and trademark. He had objected to the charges and described them as unfair.
For their part, the opposite parties Star Bazar-Trent Hypermarket Private Limited and Trent Hypermarket Private Limited denied all allegations. They also stated that amount was charged to discourage customers from using plastic and for the protection of the environment. They sought to question as to who bought the items against the invoice which was furnished at the commission.
Taking the evidence and arguments placed on record, the commission found that the My Star Club Card number mentioned on the invoice belonged to the complainant and deemed the contention of the opposite parties as untenable. It also stated that the complainant could prove that ₹6 was charged for a carry bad which had the logo of the opposite parties on it.
The commission noted that as per Rule 15 of Plastic Waste Management Rules of 2016, shopkeepers should register and pay a requisite amount of ₹48,000 every year to local bodies who in turn may prescribe plastic management fee. Also, shops should display prominently that plastic bags are chargeable.
“In this case on hand the opposite parties did not filed any proof to show that they registered with the concerned local body by paying the requisite amount as above depending on the sale capacity. In the absence of any such proof we are under the considered view that the opposite parties have not paid requisite amount payable for registration and for selling of plastic carry bags to the consumers,” it stated.
The Commission cited specific judgments of the National Consumer Disputes Redressal Commission and directed the opposite parties to deposit punitive damages of ₹1.50 lakh with the commission. From this sum, ₹1 lakh will be remitted for the Telangana government’s Haritha Haram project and ₹50,000 will be deposited with the Telangana Consumer Welfare Fund.
