I would like to know how people can sell a product higher than the Maximum Retail Price (MRP) since recently i went to a mall where the MRP of the water bottle was Rs.20 but i was charged Rs 25 plus 2% VAT on it.
Vigneswaran (Lawyer) 05 October 2009
I would like to know how people can sell a product higher than the Maximum Retail Price (MRP) since recently i went to a mall where the MRP of the water bottle was Rs.20 but i was charged Rs 25 plus 2% VAT on it.
kranthi kiran (Works In Judicial Department) 05 October 2009
Lodge a Complaint against the seller with the Vigilence Dept, Civil Supplies Dept and also with the producer fo the water bottle.
V.T.Venkataram (Advocate and Consumer Activist) 06 October 2009
Please file a complaint with MRTP or Consumer Forum .
Vigneswaran (Lawyer) 06 October 2009
Before filing my complaint i would like to know, is there any exceptions granted to the elite classes.eg. the 5 star restaurants , Airlines, Multiplexes etc.Since i have been informed that the SC has ruled that these classes can sell a product above MRP and im not sure about the Citations of the particular case but please help.
Jamshed Bey (Lawyer & Legal Consultant +91 9810136627) 07 October 2009
I believe that there has been a judgment which has permitted higher prices for vendors stationed in PVRs and big malls etc. I will have to check that but such a sitution does exist.
Vigneswaran (Lawyer) 07 October 2009
Thanks alot @Jamshed Bey it would br more helpful if u can funish me with the information regarding the judgement.
I am for sure there is a judgement by the Supreme court of NRI( NON RESIDENT INDIANS) sorry India where it has exempted hoteliers from selling a product at par or below MRP printed on the packaged products. Almost all hotels of (dis)repute with stars flying high over their heads, the Airlines , the airports and even Mamta dIDI'S RAILWAYS sell goods at higher than the MRPs in almost all places.
Secondly manufacturers as per the MRTP act or provisions are obliged to print cost of manufacturing on the packaged product as well. Neither the Jago Grahak Jago nor this Forum is highlighting this important aspect may be to safe guard the interest of their respective clients.
I am on the search and certainly be able to locate the judgement for the private India by YOURLORDSHEEPS.
Dear All
This is a cut and paste job. Pl go through it meanwhile i look for the SC of NRI sorry India judgement against constitution of India.
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Now read this
High has given a verdict in favour of hoteliers which is used as a right by the airlines , airports , restaurants , railways etc etc . Only Aam Admi is to follow law of the land.
Another cut and paste job to know more on the issue . I myself fighting against the issue and made many complaints in writing . Nothing happens in India as YOURLORDSHEEPS are on their side.
Can we find another Anna Hazare to pass a stricter MRTP Act which is not bypassed by the YOURLORDSHEEPS for a consideration of course.
Or else we can convince Mr Moilly before he is eased from the UPA II to file a curative petition against such rulings ?
But why the grand old congress antagonises the big fat benias( hoteliers, airlines magnets etc etc?
Haridas
usiness » Court order on MRP to hit consumers Court order on MRP to hit consumers November 11, 2003 11:32 IST Share this Ask Users Write a Comment A bottle of mineral water for Rs 20; a cold drink and a pack of cigarette for Rs 50: all is fair as far as the hotel and restaurant industry goes, thanks to a recent Delhi [ Images ] high court order which has given a go-ahead to them to charge more than the maximum retail price. The high court has stayed the order of the centre on MRP and allowed hotels to charge more than the MRP. Major hotel and restaurant chains had appealed to the court earlier this year, complaining about the Centre's move to enforce a ban on charging more than the MRP. "We have been able to obtain a stay order from Delhi high court on our writ petition on selling packaged products like bottled water, soft drinks, cigarette and other packages in hotel and prices at prices not higher than the MRP," says Shyam Suri, secretary general, Federation of Restaurant and Hotels Association of India [ Images ]. The FHRAI had filed a writ petition in the Delhi high court in which it had said that the Rule 23(2) of the Weights and Measures Rules, 1997 does not apply to hotels and restaurants. The rule says that retailers, wholesalers and others will not sell any packaged product at a price higher than MRP. "The association had also applied for a stay, restraining the two respondents, secretary, department of consumer affairs and controller of weights and measures, Delhi government from applying the MRP rule to hotels and restaurants. The court has also passed the stay order against the respondents in favour of the petitioner, the FHRAI," says Suri. "It is essential to charge more than the MRP as we have to take into account the service and other infrastructural charges. There is no other way but to charge the consumers for the service we are giving them," says Sunil Anand, a hotelier. Moreover, there is lot of difference in having a soft drink at a roadside stall and a five-star hotel: the service, the air-conditioning, the ambience, all has to be accounted for in the charges, says Anand. "A hotel or a restaurant obviously cannot sell packaged products at prices similar to retail establishments because of the service which comes along and also the infrastructure which goes into preserving these eatables. Customers have never complained and they are willing to pay for the services we provide," he says. The hotel and restaurant industry started facing problems on the MRP issue after the centre decided to enforce a ban on charging more than the MRP for the packaged food. Since selling packaged food is a big money-spinner, those in the industry say, the hoteliers had started demanding that they be allowed to levy additional charges over and above the MRP, in the name of "premium services and facilities." The Weights and Measures Rule defined that no retail dealer or other person could sell packaged products at a price more than the MRP, and according to government interpretation, hotels and restaurants come under the category of 'other person.' The hotels were before the last year's order exempted from charging according to MRP and could levy additional charges for services. But once the Centre's order came, the weights and measures officials in some states started inspecting and even fining hotels, which prompted the industry to move court, says an official of FHRAI. Meanwhile, consumers say after the court order, most restaurants have revised their rate list and are charging much more than what they were a year back. Explains Anand, "There is going to be some difference in rates of five-star, two-star and small restaurants. Everyone is going to charge according to the service they are providing." So you could still hope to get a soft drink for Rs 15 at your locality restaurant, but the five-star joint is sure to charge you Rs 50 for it. Arvinder Kaur in New Delhi © Copyright 2011 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent. Share this Ask Users Write a Comment
Neeraj C. Hanumante (Scientific Officer C) 21 March 2012
Hi Haridas,
I have read the above discussion.
I still have a query, why should a customer pay higher than MRP if the customer is just taking away the packaged food/beverages ... What I mean is that "since I am not utilizing the ambience of the restaurant" why should I pay more for that ... ? this scenario is mainly concerned with restaurants located on highways where people just stop to grab a packaged snack and a beverage or two ...
Most important issue I want to know about is " why the hotels and restaurants shouldn't bargain with the manujfacturers to maintain their profit margins" ??
Regards,
Neeraj
(:->)
Vigneswaran (Lawyer) 23 March 2012
An even sorry state has occured nowadays on High ways. All the restaurants and roadside shops on High ways charge More than the MRP, making aam admi a prey to the greedy.
Let's not gun for the petty traders. They can be excused. To buttress my view let me cite an example. We recently visited Nagarjun Sagar Dam appx 140 km from my residence at Secunderabad. On my way I needed to keep my children happy with soft drinks and potato chips , their favourite diet. The rates started varying and reached beyond MRP at the Nagarjuna Dam site. When I asked the small time shopkeeper why he is charging above MRP he gave me prompt reply that to get that staff at that site cost him above MRP. As I drove down on my private car I could easily understood his point of view.Law on MRP is itself lopsided.
We should instead demend that the cost of manufacturing as is mandaed by the same law is inprinted alongside the MRP. It will have a cascading effect from manufacturers to traders to wholesellers to retailers. It will be always be advantageous to the consumers at any place.
Neeraj C. Hanumante (Scientific Officer C) 25 March 2012
Hi Haridas,
Thanks for yourr inputs regarding remote places. May be those can be spared, but even in well connected places e.g. holy places, overcharging is observed.
Can someone tell me, which goernment official should be contacted in case a seller denies to provide a bill/cash receipt ??
This is in same context of the overchargeded packaged food stuff for which most of the shopkeepers deny to provide a cash receipt.
Thanks n regards,
Neeraj
(:->)