tv subramanyan (accountant) 24 September 2013

Sale above mrp

we went to a restaurant famous for service and variety. They guided us to a self service section as the regular section was full.We collected our food ourselves and there was no service. At the end a huge bill was given. each one liter was bottle was billed @ Rs.50/- plus vat plus service tax. can they charge above MRP and add vat and service tax for self service? can i approach a consumer court? I want to put an end to such malprctice. please guide

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 September 2013

Only 4.94% service tax on Restaurant (40% of 12.36%) shall be chareable. The air conditioned restaurants are only eligible to collect such taxes. VAT is depends upon the states rules.

Kumar Doab (FIN) 24 September 2013

Complaint under Legal Metrology shall be more rewarding.

You may log on to your legal metrology website of your State Govt and lodge complaint and demand that previous min. 3 years bills of the company be examined to determine the amounts overcharged from customers.

You can file complaint under the Consumer Protection Act also.

Keep the original bill, bottle of the beverage with MRP on it, and payment receipt safely.

The concerned central Govt. Ministry is at:

https://fcamin.nic.in/

Dept of Consumer Affairs at:

https://consumeraffairs.nic.in/consumer/index.php

Consumer Info at:

https://consumeraffairs.nic.in/consumer/?q=node/4

NATIONAL CONSUMER POLICY at:

https://consumeraffairs.nic.in/consumer/?q=node/287

Complaint can be lodged under:

Legal Metrology

The details of it are at:

https://consumeraffairs.nic.in/consumer/?q=node/114

and download PDF file.

You may rely upon, Hotel Nyay Mandir vs Ishwar Lal Jinabhai Desai (RP No. 550 of 2006, decided on December 14, 2010) the District Consumer Forum in Bharuch, Gujarat, asked a hotel, which charged more than the MRP on four bottles of a soft drink, to refund the excess amount of Rs. 22 collected from the consumer. In addition, it awarded a compensation of Rs. 5,000 and costs of Rs. 1,000 to the consumer and also directed the hotel to deposit Rs. 1,50,000 into the Consumer Welfare Fund. This was upheld by the consumer courts at the state and the national levels.