Technolegal Advisor

ARE YOU OVERCHARGED THAN MRP | COMPLAIN ONLINE

Sumesh is an educated and responsible man and is a resident of Madurai. Sumesh bought a bottle of flavored milk from a local shop in April 2016 which had MRP of Rs 22 / – but the shopkeeper asked for Rs 25 / – from him.

Friends, you must be thinking that this is a normal thing. This happens everywhere. Then why am I telling it to you with this emphasis.

Yes, you are thinking right. This is a common thing and you also know how many times this happens with you throughout the day. In the morning, if you go to the dairy to take milk, then instead of 48 / -, it takes Rs. 50 / -, if you go to the store to get the goods, then it also charges more than MRP. If you ask the reason, sometimes excuse the change money, sometimes in the name of refrigeration charge, sometimes you are being charged extra in the name of tax.

And to be honest, now people have become so used to these things that now they neither do MRP checks nor do they ever think that they are being overcharge. Even if ever it comes to mind, it seems, what to do for two or five rupees. After all do we have any status or not.

Shopkeepers take benefit of our thinking and make extra 800-1000 rupees in a day.

The problem here is not how much the shopkeeper earns. The question is that when it becomes our habit that “this is how it is” then we do not check MRP even on big products.

So what should we do?

What did Sumesh do and what was the result?

Do we have to approach a court for petty amount every time or is there an option of online complaint?

What is the law of MRP?

And what are our rights as a consumer?

Today’s video is based on all these things. You also want to avoid this arbitrariness of shopkeepers, not only because two to five rupees makes a big difference, but also because you are also an educated and responsible citizen like Sumesh.

So read this article carefully, if it is necessary, save it for future reference so that you have ready information at the time of need.

First of all, let’s know what happened in Sumesh’s case.

When Sumesh talked to the shopkeeper, that brother, MRP of this bottle is Rs 22 / -, then how can you demand for Rs 25 / -. So the attitude of the shopkeeper was very rough. “Come on, you don’t know, we had to cool the bottle, it would take charge.”

Sumesh did not gave up. He complained the matter in The District Consumer Disputes Redressal Forum (DCDRF) and had to struggle a bit, but he won and the Forum ordered that the shopkeeper to pay Rs 15000 / – fine and Rs 50000 / – to Sumesh as punitive damages.

Do not understand from this case that every time you have to go round the court. You do not have time, then how it will happen.

Today I am going to tell you the solution for this.

Let us first understand what MRP is.

According to the Legal Metrology (Packaged Commodities) Rules 2011 in India, it is necessary to print MRP with any other information on any packaged product. No shopkeeper can charge more than MRP (maximum retail price). The cost of production, transportation, maintenance all taxes and profits of all are included in MRP itself.

Some shopkeepers charge more than MRP and then they charge GST on it too. Who should explain to them that tax is already included in MRP then why GST. And why tax on tax.

Not printing MRP on the product or putting another label on it also falls in the category of Unfair Trade Practice.

Unfair Trade Practice

If any business man cheats in any way with customers or does any unethical behavior, then it will be considered as Unfair Trade Practice. like

Taking arbitrary price or giving sub-standard products by taking advantage of the helplessness of the customers. Recently we saw a lot of cases in Covid-19 pandemic.

Or false information about the product, false promise of guarantee / warrantee.

Or manipulating quantity or price.

How to Complain Online

1. Call the Helpline

Whenever you have an incident in which the shopkeeper charges you more than MRP or defrauds you in any way, you can complain by calling the toll free number of National Consumer Helpline.

Toll free numbers are 1800 11 40000 and 1800 11 14404, you can call from 9.30 am to 5.30pm except on national holidays.

2. Send an SMS

If for some reason you are unable to call or you are not comfortable in calling, then you can also make a complaint through SMS.

SMS can be sent to 81300 09809.

3. Register Online Complaint

You can also register a complaint by visiting the website of National Consumer Helpline.

For that you have to login by going to www.consumerhelpline.gov.in and then register your complaint.

You can also register multiple complaints in this account. For each complaint, you will get a separate complaint ID, which you can also track on this portal.

4. Consumer App

If you want, you can download the App of the Ministry of Consumer Affairs and register a complaint in it as per your convenience.

If the complaint is done online, it may take some time to attend, but the work will definitely be done.

If you want to hurry or the amount of complaint is large, then I would like to give this opinion that you should complain in the Consumer Forum. If you want, hire a lawyer or you can present it yourself.

No fees are charged on the amount up to 5 lakhs, nor do any stamp papers have to be applied.

By writing all the information on the plain paper, and attaching a copy of the bill and any other document, if you have, you can file a complaint.

Friends, I would like to tell you about an exception here.

In 2017, the Supreme Court in one of its decisions exempted Hotels & Restaurants from this condition of MRP. The court commented that the products served in Hotels & Restaurants are ‘composite in nature’. This includes both product and service. There is no condition on the charge of its service because the hotel itself decides it. So they are not bound of MRP

There has been a lot of debate on this decision of the court and there are many such questions which have not been clarified. So currently Hotels & Restaurants are exempted from it.

It also does not mean that anyone should do any arbitrariness under the guise of this decision.

And the most important is with how much awareness we deal with in such things.

Thank you.