dear sir,
theory of unjust enrichment would have come into picture when we were rounding off one side that is more than 50 paisa always, in this case vendor rounds off to preeciding rupee also in some bills that is 262.40 is rounded of to 262 rs only under financial law. also financial law states that we can round of 50 paisa and above so this theory is not playing in this case , so here there is no malafide intention of vendor as such.
also under mrtp act :
A restrictive trade practice is a trade practice,
“Which tends to bring about manipulation of prices or conditions of delivery or effected the flow of supplies in the market of any goods or services, imposing on the consumers unjustified cost or restrictions”
In our case vendor did not manipulated the price as he had clearly stated that he was charging 50 paisa against round off. That meant that if the customer had 50 paisa change than he would have paid Rs 262.50 as stated in our bill. If vendor have shown Rs. 263 in the price column instead of Rs.262.50 and nowhere mentioned the term "rounded" against the totals, vendor would have definitely charged higher amount than the prescribed value of the goods. But the invoice shows the price as Rs.262.50 and use the word "rounded" while totalling or specifying the amount in words so vendor do not have any malafide intention in this case.
vendor.s restaurant is a high ended and customer base is also of middle class and upper middle class. 50 paisa is such a small amount which does not matter as such to such clientale, so contention of client going under harassment and going under mental agony does not hold true as is caused by charging 50 paisa more by vendor.
- also wish to mention that the time of our courts in our country is very precious and should not be wasted to discuss such trivial and petty issues of 50 paisa under maxim.
de minimis non curat lex, "the law cares not for small things. ... to avoid the resolution of trivial matters that are not worthy of judicial scrutiny