By- Harchand
Choudhary*
Now a days it is common to take price
above MRP almost everywhere like in halls, railway stations and restaurants and
most of people ignore it because they are unaware of rules and regulations.. Legal
Metrology (Packaged Commodities) Rules 2011,rule 18(2) says, “No retail dealer
or other person including manufacturer, packer, importer and wholesale dealer
shall make any sale of any commodity in packed form at a price exceeding the
retail sale price thereof.”
It means to charge money above the MRP is clearly
violation of Government rules and under certain acts, it is punishable. In
India there is clear provision and platform to file complain against those who
charge money above MRP from common man. The National Consumer Disputes
Redressal Commission (NCDRC) is the apex body at center level. Then comes State
Consumer Disputes Redressal Commission at State level and District Consumer
Disputes Redressal Forum in every district. These commissions/tribunals have
given orders many time in welfare of consumers in like-
In a case D.K. Chopra v. Snack Bar1,
a unit of Saptagiri Restaurant at Chennai Airportcharged Rs 150 of a can of
Redbull marked MRP Rs 75 from a Delhi based resident D.K. Chopra. He complained
against that restaurant in District
Consumer Forumsubsequently in the State
Consumer Forum for compensation of Rs 2 lacs for harassment and mental agony
and Rs 11000of travel expense but both of them rejected his plea. Finally he
appealed in the National Consumer
Disputes Redressal Commission (NCDRC) in Delhi. National Commission imposed
fine of Rs 50 lacs and also asked to pay Rs 10000 to the complaint.
In another
case Two
passenger v. Indian Railway Catering and Tourism Corporation (IRCTC)2
was slapped a fine of Rs 10 lakh by a consumer forum in Delhi when two
passengers of Delhi complained that they were charged of Rs 15 against MRP of
Rs 12 for a bottle of Maza (a soft drink).
The forum directed IRCTC to deposit a fine of Rs 10 lakh with the Delhi State
Legal Services Authority and awarded compensation of Rs 10,000 to each of the
two complainants.
Overcharging on edible products be apart for a
moment, it is a common knowledge that local merchants apply a two per cent
extra charge when a consumer/customer makes a payment through debit card or
credit card. This too is illegal and the merchants can be fined for this.
According to a Reserve Bank of India Notification3, merchants are
not allowed to levy this extra charge on customers. They are supposed bear
these charge themselves and cannot pass it on to the customers.
Thus it is clear that in India there are
plentiful of Rules, Regulations and Acts but the need is only to make aware
ourselves about those rules and laws. And we should give emphasis on implementing
those laws in practical life against wrongdoer.
__________________
*Author
is a student of Bharati Vidyapeeth New
Law College, Pune
1 Revision petition no 4090 of 2012 in
NCDRC.
2 InState Consumer Disputes Redressal
Commission of Delhi 2013.
Very Informational Harchand
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