mineral water bottle sold above MRP in Hotel and Restaurant
Bhrigu Gera
(Querist) 30 March 2009
This query is : Resolved
I would like to seek guidance with regards to selling of mineral water bottle above MRP which may range from 12- 15 rs MRP and sold anything between 35-40 rs. this selling of products is in contravention of the consumer protection act. is this is a valid groung to file a complaint in consumer court? however there is judgement by delhi high court in the case of THE FEDERATION OF HOTELS & RESTAURANTS ASSOCIATIONOF INDIA & ORS. i the year 2007, month march, which entails that the hotels and restaurant can sell above MRP.Will the provisions of weights and measure act apply also? Please advice on this issue. waiting for promt reply. Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 30 March 2009
No they cannot sell above the MRP rate. when mineral water bottles are selling above the MRP it amounts to unfair trade practice, which comes under consumer protection act. And provisions of weights and measure act also apply and another thing is company should give their customer care phone No., which is mandatory and FPO No. is also mandatory.
M. PIRAVI PERUMAL
(Expert) 30 March 2009
Hotels & Restaurants can sell more than the MRP as per the Delhi High Court. As per the judgement hotel and restaurants are not mere traders they are also providing hospitality like air-condition facility etc.
PALNITKAR V.V.
(Expert) 30 March 2009
Mr. Piravi perumal is right. The judgment is cited by Mr. Gera himself. The provisions of the weights and measures act would not be applicable in such a case in so far as price is concerned.
Ashey
(Expert) 01 April 2009
I agree with Piravi Perumal ..
Hiralal Das
(Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
