Charging Price over and above MRP is unfair & unethical business practice
Charging Price over and above MRP is not only violation of the rights of the Consumer but is also unethical & unfair business practice which is liable for penalty on the sellers.
Tarun Chaurasia v. Sunil Wine Shop
Before District Consumer Dispute Redressal Forum Kangra at Dharamshala
Complaint No. 185/2023
Allowed on 08.09.2023
Fact
A Complaint was filed before District Consumer Forum Kangra at Dharamshala against the proprietor of Wine shop, primarily, for declaration that the sale of wine above MRP is violation of Consumer Right and also for directing the opposite party for refunding the excess amount charged above MRP.
Averment of the Complainant in his complaint before District Forum
The payment for purchasing beer bottles and whisky were made through G Pay, for 8 Bottles of Kingfisher Ultra Rs.130/- per bottle were charged whereas MRP was Rs.85/-. Four bottles of Budweiser beer were charged for Rs.230/- whereas MRP was Rs.225/- and one bottle of Blender pride whisky was charged Rs.500/- whereas MRP was Rs.480/-. The receipts were annexed with the complaint to substantiate his averment.
Rights of Consumer
Section 2 (9) (ii) and (iii) of The Consumer Protection Act, 2019 provisions for consumers(ii) the right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, protecting the consumer against the unfair trade practices; iii) the right of the consumer to be assured, where ever possible, access to a variety of goods, products or services at competitive prices.
The norms for selling of liquor bottles had been streamlined through THE EXCISE POLICY 2023-24
As per the amended Legal Metrology (Packaged Commodities) Rules, 2011 effective from 2023 the retail sale price of the package shall clearly indicate that it is the maximum retail price inclusive of all taxes in Indian Currency. This will allow the manufacturer, packer and importer to declare the MRP on the pre-packed commodities in a simplified manner while at the same time safeguarding the interests of consumers.
Submission of the Opposite Party
Assistant Controller, Legal Metrology, (W&M) Dharamshala has already imposed the penalty upon the opposite party that too on the complaint of present complainant, so any compensation if imposed upon opposite party will render it to be double jeopardy.
Observation of the Consumer Forum
Penalty imposed by the weights and measurement department is regarding violation of Legal Metrology rules.
The complaint before District Consumer Forum is regarding unfair trade practice for which the Consumer Redressal Forum has jurisdiction.
Consumer Protection Act is a special legislation, enacted to provide better protection for the interest of the consumers in diverse areas. The Consumer Protection Act, clearly lays down that the provisions of the Act shall be in addition to, and not in derogation of provisions of any other law for the time being in force.
The Complainant being a consumer is having a right for protection pertaining to price of goods and once the opposite party charged amount more than the MRP.
The commission is empowered under Section 39 of consumer protection act 2019 to levy just and sufficient compensation against the opposite party for committing deficiency in service and unfair trade practice.
Direction issued by the Consumer Forum
The complainant is a tourist and has sought compensation of Rs. 25000/- which went unrebutted by the opposite party. The compensation of Rs. 25000/- is just and sufficient.
The complainant is also entitled for litigation expenses to be paid by the opposite party.
Order
The complaint is partly allowed. The opposite party is directed to pay compensation to complainant to the tune of Rs.25,000/- and Rs.10,000/- as litigation costs.
The opposite party is also directed to discontinue the unfair trade practice forthwith.
Suggestion made to the State by the Consumer Forum
Online receipt/entry may be connected to end-to-end proposed online Excise Administration System, so as to bring transparency and protection of consumer rights regarding maintaining of quality, quantity, potency, purity, standard and price of goods and products.
It be ensured that the rate list of Liquor bottles be placed in conspicuous place of every liquor vendor, the rates be depicted in bold letters in Arabic numerals/figures, and product be shown in HINDI as well as in English.
Seema Bhatnagar
