In a recent matter of Nandeesh vs. Vaishali Deluxe Comforts, a customer lodged a complaint before the Consumer Commission that he was charged more than the maximum retail price (MRP) for a bottle of water and cold drink with the brand name Sprite each costing 20 rupees plus 5% GST making the final price to 24.14 rupees per bottle. The complainant filed a complaint against Vaishali Deluxe Comforts, citing section 35 of the Consumer Protection Act, 2019 alleging improper service.
The Commission took note of the Legal Meteorology (Packaged Commodities) Rules, 2011 which states that a commodity cannot be sold in packaged form by a retailer, dealer, or any other person for more than the retail or sale price, including hotels and restaurants. The restaurant was fined 7,000 rupees by the Consumer Complaints Redressal Commission in Tumakuru, a city in Karnataka, India for overcharging for beverages along with the Goods and Services Tax (GST).
The Commission observed that charging above the printed MRP amounted to unfair trade practice on part of the restaurant and a service provider must not charge more than the MRP, as there cannot be two MRPs unless permitted by law.
The Commission further noted that despite receiving a lawyer’s as well as the commission’s notice, the restaurant had not appeared to defend its case.
It was decided that the restaurant was responsible for paying for the complainant’s mental anguish damages of 4,000 rupees as well as legal costs of 3,000 rupees.
Written by: Divyani Newar
College name: NEF Law College
5th Semester, 3 Year LL.B.
An intern under Legal Vidhiya
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