Domino’s charges Rs 12 for carry bag, told to pay Rs 5L

The District Consumer Disputes Redressal Forum has directed Jubilant FoodWorks Limited, the private company operating Domino’s Pizza, to deposit Rs 5 lakh towards Poor Patient Welfare Fund of PGI for charging money for a carry bag and refund Rs 12 and pay Rs 1,500 as compensation to a Sector 27 resident.

Jitender Bansal said he ordered pizza for take away from a Domino’s outlet in Sector 8 on February 15. He was handed over the food without a carry bag. When he sought one, he was charged Rs 12 and given a receipt apart from the bill for food items of Rs 261, Bansal claimed. He alleged charging for a carry bag without mentioning about it at the store was deficiency in service and an unfair trade practice.

In its reply, Domino’s said it had stopped providing polythene bags once the government banned its use. “We started providing paper bags to customers on payment as they are purchased by us and are costlier than polythene bags. As a result, we charge for them,” the outlet said. It pointed out it was categorically mentioned in the terms and conditions of pamphlet/menu card that it would charge extra for carry bags provided to customers. Domino’s claimed there was no legal obligation on the outlet to provide any bag (paper or cloth or any other material) to carry purchased items for free to its customers. “We provide our product to customers in card box containers, so, there is no need for any carry bags for carrying food items,” Domino’s argued.

The forum noted that Domino’s submitted that it was only under Plastic Waste (Management & Handling) Rules notified in 2011 by the Union ministry of environment and forests that it started charging for carry bags. Discarding this justification, the forum held, “That notification particularly required retailers to provide only plastic carry bags of a specified quality, and while doing so the rules said, “No carry bags shall be made available free of cost by retailers to consumers”’. “It was done only to minimize the usage of plastic bags as they are hazardous to the environment.”

The forum said when the government brought in certain amendments in the 2016 rules in March 2018, it dropped the provision that required retailers to sell plastic carry bags, as by then many states had already banned or were in the process of banning them. It was also presumed that expenses incurred by retailers on the alleged purchase of carry bags had already been included in their profit margins, the forum said.

The forum said “It is highly absurd on part of Domino’s to claim they are not under any legal obligation to provide a free carry bag as it is not only odd but also inconvenient for a consumer to carry food item(s) or articles/items without a carry bag when purchased in a good number or in bulk.”

Unfair trade practice

The forum held consumer forums are flooded with complaints of charging for carry bags even though it has been declared an unfair practice. The decisions of the forums have been up upheld by the state commissions too.

‘Mockery of law’

The forum held retailers like Domino’s are making a mockery of the law by continuing the practice of charging for carry bags from consumers despite it being held as an unfair trade practice. The forum said the act of ignoring the orders and putting extra burden on gullible consumers warrant a heavy penalty be imposed, so that the unfair trade practice is curbed. It is a nationwide practice by most of the retailers to charge consumers extra for carry bags. They are exploiting the provisions for their own vested interest and profits, the forum said.

Source:-https://retail.economictimes.indiatimes.com/news/food-entertainment/food-services/dominos-charges-rs-12-for-carry-bag-told-to-pay-rs-5l/70355872