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(Guest)

List of shops that charge extra for soft drinks

I am sure most of us don't even think about paying 2 bucks extra for 'cooling' above the MRP. Ofcourse, we'll cry our lungs out when the government tries to raise the prices of oil. Lets make an effort to have a list of shops that charge extra for cold drinks. Although its the shopkeepers prerogative to sell or not, collectively we could be aware of these shops and avoid buying anything from there. Here is my first entry Please be advised that its only a list and doesn't offer to solve your consumer problems. Here is an entry

 1. The shop to the right of the BMC K-East Ward building in Andheri East Mumbai - When reminded of the MRP, cooly says 'cooling charge'. Leneka hain toh lo.



Learning

 13 Replies

PALNITKAR V.V. (Lawyer)     09 February 2009

In fact there are many. But nobody has time to make complaint for such small things. Hence, they take disadvantage.


(Guest)

Thats true. It would really help if we could capture some of those names. Who knows this might snowball into a nice effort towards awareness for consumers

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     09 February 2009

We all do  think all these as small things, this is the reason for the rampant growth of unfair trade practice.  Rs. 2  each consumer runs to several lakhs of rupees . . .  all swindled from consumers. Of course we have to take those traders to task.  If there is a will there is a way.  I would like to inform Mr. Tushar that recently Delhi HC in its order has stated that collecting in excess of MRP by retaurants and hotels are not unlawful.  The consumer organizations must take up the issue with the Department of Consumer Protection, Government of India and urge them to prefer an appeal against the order of the said Dehi High Court in the interest of consumers at large.

Kiran Kumar (Lawyer)     09 February 2009

even companies r responsible for this...if u make a complaint with the helpline they would say they have not sold the same to the respective shop.


mass movement required yaar.


(Guest)

Well, thats very discouraging to hear the tone of giving up before even trying. We all start blaming corporations, governments and citing court orders. Its ultimately on us. I know this sounds too cliched. But slowly and steadily it will make a difference if not change the word. No effort goes wasted.


The shopkeepers and the companies get away since none of them are directly named as such. its only talked about collectively which raises the issue but doesnt do anything about it. This effort is all about identifying such shops. Once the word is out that their name is being discussed, atleast some of them will fall in line. This will hopefully force others to follow, since consumers naturally will go where the prices are cheaper.


I am not sure if this will succeed or not. But no harm in trying right??

Solicitor Chirag Shah (Advocate & Solicitor)     11 February 2009

only one solution to teach compant, to wholesellers and to retailers....


BOYCOTT The Products.


(Guest)

I am not sure if this will work or not. I just care too much about this. Here is a blog that I stumbled upon while looking for someone who shares the same frustration as me. Its https://marktheshop.wordpress.com/


Feel free to go there and mark the shop.

Sushil Kumar Bhatia (Advocate)     12 February 2009

MRP is argued by retailers only for simple bottle as it is supplied by company, if someone want a chilled or cold bottle then other services can be charged .


(Guest)

From what I understand, this means that merely chilling the bottle would count as a service. Nice Argument. But doesnt hold water. Storing chilled cold drink and selling it cannot be termed as service. Only if they give it to you in a separate glass or cup (like in a restaurant or movie theater), will it count as a service.


If just this (retailers chilling the bottle) counts as a service, then we have another service where service tax can be levied in shops that store cold drinks. I am sure this would be opposed as 'violating' rights.


Of course, I may be missing points. I would love to hear interesting angles on this.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 February 2009

1. You can inform the local MNS party or the Shiv Sena Party office of the CMP party office,  of the shop keepers nuisance and they would be more than happy to oblige and set right the shop keepers stance of  "take it or leave it".


2, You can also lodge a complaint with the Police, the BMC (vigilance), and also under the MRTP Act,


3. Lodge a criminal & civil complaint for Breach of Contract and Breach of Trust.


4. Lodge a consumer complaint under the Consumer Protection Act. (There are already judgements in this same regard)


5. Lodge a complaint with the BMC health dept and the FDA that the shop keeper is selling suprious health goods, and have its shop raided and the goods constificated.


6. Other simple ways ... cannot discuss over here.


Keep Smiling ... HemantAgarwal


9820174108


 


(Guest)

 Thank you Hemant. I agree wholeheartedly with point 3 and 4. I know, I am newer lawyer with lesser practical experience so I live in an ideal world. taking help of Shiv Sena and MNS in any form would be trouble in the long run since you would be expected to return the favor. Most of the shopkeepers wouldn't even dream of giving a receipt if you buy a cold drink. Do you think we could ask him for a receipt legally? Or is there a way to track that a particular bottle was supplied to a particular store only.


Lodging a complaint with the BMC appears to be a good idea. since the shopkeeper would have to shell out money either as fine or bribe. OF course consumer protection act and civil action is always an option. 


Thanks again for the help. 


Although it may sound silly but i make sure i mention the name of the shop to anyone in the vicinity or if the shop comes up in a discussion. Lets hope against hope and it leads to something good for consumers who still value the extra 2 rupees.

Amit Kumar (Advocate)     05 May 2009

Thanks Hemant for the list of alternative action... 

I have evidence against big IT MNC, wherein box (and delivery note) reads MRP as 2100 (incl of service tax) with bangalore Address. While payment of Rs 5,100 through cheque, as latter cost was quoted in the quotation. There are other issues against the company. 

Query:- 

Whether complaint to the consumer court and MRTP can be made at the same time, or only one of them. As I have heard MRTP commission carries on enquiry on a large scale ... so it is more harmful to the company, while compensation can be complained in the Consumer Court.... 

OR, Whether while filing complaint with MRTP commission, can we claim compensation and what are the exact provisions under Competition Act under which complaint can be made?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 May 2009

Dear Adv. A.Raheja,
AS I SUMMARISE :
1.  Filing a case at the Consumer Forum, is an independent action and will have nothing to do with anymatter filed before the MRTP commission.
2.  Compensation can be independently claimed before each of the forums (Consumer Forum and theMRTP forum)
3.  Only individuals can file suit, and not otherwise.
4.  The affect of filing before the MRTP is very vast (as you rightly sumarised) ,  but the CPAct does not have any such jurisdiction.
4.  It would be most interesting, if you file in both the above forums and let us know the outcome of theproceedings over here.
5.  Please download the bare act of  "Competition Act", from the website, for exact relevant provisions,as I do not have it at present.
6.  Before filing,  please check the limitation period, for filing of such cases.

Keep Smiling ... HemantAgarwal


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