Forced To Pay For A Branded Carry Bag? Consumer Panel Slams Retail Giants For Using Shoppers As 'Moving Advertisements'

In a landmark ruling that strikes a blow against unfair retail practices, the Gujarat State Consumer Disputes Redressal Commission has declared that charging customers for carry bags bearing a company's brand name or logo is illegal. Rejecting an appeal by retail giant Avenue Supermarts Ltd which operates D-Mart stores across India the consumer panel observed that forcing shoppers to pay for branded bags effectively turns them into "moving advertisements" for the business without their consent.

The commission upheld an earlier order against D-Mart and penalised the retail chain, directing it to pay ₹10,000 to a consumer who was forced to buy an ₹8 plastic carry bag after purchasing groceries worth ₹4,000.

The ₹8 Dispute That Escalated To A Major Consumer Victory

The case traces back to July 2019, when Ahmedabad resident Sonal Vyas completed a routine shopping trip at a local D-Mart outlet. After spending nearly ₹4,000 on household goods, she was asked to pay an additional ₹8 for a carry bag featuring D-Mart’s prominent branding.

Refusing to treat the charge as trivial, Vyas filed a complaint with the District Consumer Disputes Redressal Commission in Gandhinagar. She argued that under the Sale of Goods Act, a seller is legally obligated to deliver purchased items in a condition that allows the buyer to transport them home conveniently, without compelling them to pay extra for essential packaging.
In 2020, the district panel ruled in Vyas's favour and awarded her ₹6,000 in compensation.

D-Mart's Defence Dismantled By State Commission

Unwilling to accept the district court's verdict, Avenue Supermarts Ltd appealed to the state consumer commission. The retail operator argued that carry bags are independent items offered at nominal prices, not an integral part of the purchased goods. The company further claimed that clear signboards informed shoppers of the charges and encouraged them to bring their own bags.
However, the State Consumer Commission rejected these arguments, highlighting the core issue of promotional exploitation.

The panel noted that because the bags prominently feature D-Mart’s trade name, logo, and brand identity, the company derives a continuous promotional benefit when customers carry them in public spaces. Charging consumers for an item that actively serves as a marketing tool for the retailer constitutes an unfair trade practice.

Why 'Small Amounts' Matter For Indian Retail Consumers

Addressing the retailer’s defense regarding the nominal cost of the bag, the commission emphasised that consumer rights cannot be evaluated strictly through the monetary value of an individual transaction. Even if the amount charged per bag seems insignificant, the practice affects millions of everyday shoppers, generating massive unauthorized profits for large retail franchises while shifting marketing costs onto buyers.

Dismissing D-Mart's appeal, the commission ordered the company to pay ₹10,000 to Vyas, sending a clear message to supermarket chains and retail outlets across Gujarat and India: delivering purchased goods in a transportable state is a primary obligation, not a paid add-on.