The Murky Law

Blog Credit: Trupti Thakur

Image Courtesy: Google

The Murky Law- To Ban Polythene Bags

In a recent ruling, a consumer court in Delhi has ordered Reliance Trends to pay a fine of Rs 3,000 for charging a customer Rs 7 for a carry bag. The court dismissed the firm’s argument that the complainant’s case lacked a valid cause of action and appeared to be a mere attempt to seek financial gain. Reliance Trends maintained that the purchase of the carry bag was optional, and customers were not obligated to buy one. The company stated that the consumer had willingly chosen to purchase the bag and was billed accordingly, a TOI report stated.

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.

The recent Rs 9,000 penalty on clothing brand Lifestyle for charging a customer for a paper bag highlights India’s ambiguous rules on carry bag fees. Despite some court rulings against surprise charges, confusion persists.

Origin of the Problem

India’s 2011 Plastic Waste Rules mandated that retailers can’t provide plastic bags for free to curb waste. But the law was poorly framed.

Retailers began charging for paper and cloth bags too, though not explicitly banned. And compliance shortcomings meant states didn’t fix plastic bag prices as required.

2016 Amendments Try Regulating Charges

Realizing the 2011 law was misused, India introduced pricing guidelines for plastic bags in 2016. States had to determine charges based on costs and waste management needs.

But enforcement failed again. And customers were still unhappy about surprise fees on paper and cloth bags.

Current Rules No Longer Address Pricing

A 2018 amendment removed the pricing section altogether. The law now doesn’t explicitly allow or prohibit carry bag charges of any kind.

Retailers argue this gives them the right to levy fees. They also cite “polluter pays” principles making shoppers bear waste management costs.

What the Courts Say

While carry bag charges are legally valid, consumer courts have repeatedly held charging without prior information is unacceptable and arbitrary.

Recent verdicts against leading retailers penalized a lack of transparency and choice for shoppers regarding fees.

Judges ruled that companies should intimate customers beforehand, especially if branding logos are involved.

The Way Forward

India clearly needs to amend plastic waste rules again to regulate carry bag pricing, address recycling costs, and enable informed consumer decisions.

Smart policy can balance waste management with consumer interests. Retailers should also proactively provide bag fee details upfront to their patrons.

 

 

Blog By: Trupti Thakur