In the case of Dinesh Parshad Raturi vs Bata India Limited
The case was concerning a complaint by a consumer who shopped for Rs. 402 in a Bata shop and was charged Rs. 3 for a paper carry bag with the brand name Bata on it.
THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM in CHANDIGARH held the following:
● To provide free carry bags to all customers forthwith who purchase articles from its Shop and stop unfair trade practice i.e., to charge for carry bag;
● To refund to the complainant the amount of Rs.3/- wrongly charged for the paper carry bag;
● To pay Rs.3,000/- to the complainant towards compensation for mental and physical harassment;
● To pay Rs.1,000/- as litigation expenses;
● By way of punitive damages, to deposit Rs.5,000/- in the “Consumer Legal Aid Account”
● The forum held that the complainant was being used as the advertisement agent of the Bata India Limited. Hence, it was Unfair Trade Practice.
In the case of Baglekar Akash Kumar vs. More Megastore Retail Limited THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HYDERABAD held that, Using the Consumer as advertisement agent at his cost tantamount to Unfair Trade Practice Under Section -2 (1) (r) of the Consumer Protection Act, 1986.
The Forum based on this held the following:
● Provide free carry bags to all customers if in case they printed their Company Logo on the carry bags.
● However, the opposite party is at liberty to charge for the plain carry bags, with prior intimation and consent of Consumers and by displaying the information at conspicuous places in the Business premises.
● Pay back Rs.3/- which was charged to the complainant with interest @ 12% p.a.
● Pay Rs.15, 000/- (Rupees Fifteen Thousand only) towards compensation for collecting Rs. 3/- from the complainant for the cost of carry bag having the Company Logo, for which the opposite party utilized the complainant as tool of their Advertisement, which amounts to adoption of Unfair Trade Practice with deceptive nature apart from spurious Acts.
● Pay Rs.1500/- (Rupees Fifteen Hundred only) towards cost of the proceedings.