I have had a number of queries from angry consumers protesting retail outlets at cinema halls, airports, railway stations and tourist destinations charging more than the maximum retail price (MRP) for soft drinks and water. They want to know if they can take action against such retailers and if so, under what law So let me get down to the facts: Rule 6(1)(e) of the Legal Metrology (Packaged Commodities) Rules mandate that on every package meant for retail sale is mentioned the retail sale price. Rule 2(m) defines “retail sale price” as the maximum price at which the commodity may be sold to the ultimate consumer and the price shall be printed in the form of the MRP that is inclusive of all taxes.
Rule 18(5) also says that no wholesale dealer or retailer shall obliterate, smudge or alter the retail sale price indicated by the manufacturer or the packer or the importer.
Now we come to the most important provision. Rule 18(2) says, “No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.”Thus, selling at a price higher than the MRP is a clear violation of the Packaged Commodities Rules and because the state governments enforce the rules, a consumer has to complain to the department of legal metrology. If you go to the website of the Union ministry of consumer affairs (fcamin.nic.in), you will get the telephone numbers and addresses of the controllers of legal metrology in the states.Under the Consumer Protection Act too, one can file a complaint against retailers who sell at a price higher than the MRP. However, you must keep the receipt here but as far as Hotels , restaurant are concerned Hotels charge rates for products that are at high variance to the MRP. Here the reasoning is that they incur costs for the service provided, the ambience and the air-conditioning. Moreover, the Federation of Hotel and Restaurant Associations of India has been able to state its cases solidly before the courts and win it too. It won the case in the Delhi High Court and also at the National Consumer Disputes Redressal Commission Unfortunately, the government did not challenge this before the Supreme Court. So unless the highest court in the country looks at the issue or the government brings in an amendment, the judgement of the will prevail. But, if you are not sitting in that restaurant to enjoy its ambience and are just buying a bottle of water (or even soft drink) to drink it elsewhere, then the restaurant cannot charge you a price exceeding the MRP.
