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Selling above mrp price

(Querist) 09 June 2014 This query is : Resolved 
Can a shopkeeper sell a product above its MRP (Maximum Retail Price)?

E.g suppose i bought a bottle of cold drinks.for which vendor charged me Rs 15/-but its MRP is Rs.10/- (printed)

when i objected, vendor says this extra charge is for cooling..

or in case shop is in remote area, then, can he say extra charge is towards transportaion?

Please healp me out
ABDUL RAZIQUE (Expert) 09 June 2014
regarding cold drinks the shopkeeper may be charges for cooling because the bottle has no any word that mrp is for cold bottle.
but it is unfair practice you may complain against the shopkeeper if you have proper bill against the purchase item.
adv. rajeev ( rajoo ) (Expert) 09 June 2014
If comes under unfair trade practice, You can file a complaint in the consumer court.
V R SHROFF (Expert) 09 June 2014
Did shop keeper issued you a CASH MEMO WITH BATCH NUMBER OF BOTTLE OF COLD DRINK???

They are selling even Whisky bottle without cash memo, and charge above MRP. , and selling poisonous duplicate one that damages health.[ Killing Lakhs of young men every year in India damaging their Liver.. ] selling at 600% profit / cost of producing//
All hand in gloves. Almost impossible to prove// and to punish!!
Corruption/black marketing,
HARDLY ANY CHANCE TO GET JUSTICE.
Rajendra K Goyal (Expert) 09 June 2014
If you have cash memo, you can proceed in consumer forum.
Advocate Bhartesh goyal (Expert) 09 June 2014
You can file complaint before DCRF agaist shopkeeper but for proving the allegation,you need cah memo of product.your compalint comes under the purview of sec 2[1][c] of Act
(c) “complaint” means any allegation in writing made by a complainant that-

1[(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;]

(ii) 1[the goods bought by him or agreed to be bought by him] suffer from one or more defect;

(iii) 1[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect;

(iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;

2[(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods. with a view to obtaining any relief provided by or under this Act;
Sankaranarayanan (Expert) 09 June 2014
First you need the proof that they sold more price than the MRP. If you have then send the legal notice then file consumer case before consumer forum
Kumar Doab (Expert) 09 June 2014
If the shopkeeper is not issuing BILL record (audio/visual) and let him state whatever he wants to for selling above MRP and for not issuing the BILL, and if possible keep some witness.

The complaint under Legal Metro-logy shall be more rewarding.
Complaint with DCDRF can also be made.


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