The District Consumer Disputes Redressal Commission, Tumakuru, acted against a restaurant for overcharging food and beverages. The Commission emphasized that having two MRPs is not permissible under the law and service providers are prohibited from charging amounts exceeding the printed MRP.
Facts of the case:
The complainant, invoking Section 35 of the Consumer Protection Act 2019, filed a complaint against the opposite party (OP), Vaishali Deluxe Comforts, citing service deficiencies. The complainant sought a total sum of Rs. 4,45,000.00 in compensation, inclusive of Rs. 4,00,000.00 for mental distress, financial loss, time spent, and peace of mind disruption, along with Rs. 45,000.00 for advocate fees.
On May 19, 2023, the complainant, a regular patron of the OP, ordered food and beverages, including Chicken Biryani, Sprite 250 ML, and Kinley Water bottle 1 Ltr (Normal without cold), using table service. The complainant alleged that the OP imposed charges exceeding the (MRP and applied an additional 5% GST. The OP's practice of dual billing led to incorrect invoices and unwarranted surcharges above the MRP.
The complainant also highlighted a similar purchase on the same day, where he obtained the same items from another source at a lower cost. This discrepancy amounted to Rs. 13.20.
Contentions of the Complainant:
The complainant contended that the OP had engaged in unfair trade practices by charging prices above the MRP for food and beverages.
Observations of the Commission:
The Commission considered the complainant's evidence, including the bill dated May 19, 2023, and photographs of the water and Sprite bottles. According to the legal metrology (Packaged Commodities) Rules 2011, no retailer, dealer, or other person, including hotels and restaurants, can sell a commodity in packed form at a price exceeding the retail/sale price.
Charging an amount above the printed MRP is considered an unfair trade practice.
The Decision of the Commission:
The Commission directed the OP to pay Rs. 4,000.00 for mental agony and Rs. 3,000.00 for legal expenses to the complainant.
Case Title: Sri. Nandeesh vs. Vaishali Deluxe Comforts
Coram: Smt. G.T. Vijayalakshmi, Sri Kumara N, and Smt. Nivedita Ravish
Case No.: CC. NO. 67/2023
Advocate for the Petitioner: Sri. Kiran Kumar R
Advocate for the Respondent: Ex – Parte
Read Judgment @LatestLaws.com
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