Has anyone ever charged a case against restaurant for overcharging than MRP?

2 years ago

A bit about my situation - I ordered food via swiggy which had Potato Wafers packet as one of the items. I check the packet. The owner/restaurant guy/girl scratched the MRP of INR 35/-. I checked the bill, they charged INR 65/-. I called up the restaurant to report this. The lady said swiggy charges 15% and hence this discrepancy. Every restaurant does this including McDonalds. These were her exact words. Swiggy is not helping with refund. Earlier they used to issue refunds. But now they just say they will pass on the feedback. I am thinking of e-filing a case against the restaurant. Has anyone filed a case before? What's the experience like? So far I have emailed the local consumer dispute redressal board asking for procedure and also sent an SMS to an organization that tackles these issues. Seems like these delivery apps has just gotten worse in these times.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Social media par post kar do.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Make it viral on social net work and lodge complaint with concerned deportment and get justice and a lesson to them.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.You are absolutely in track as far as emailing the consumer helpline. If you want to take this matter to its logical conclusion you have to be patient and be equipped with all evidences at your disposal or which can be gathered with little effort on your part. It would be a safe bet if you also email the company and give them the opportunity to either compensate or apologize in case you accept that. If you can make out the case before the forum as you have projected herein you will certainly be provided relief because the supreme court ruling stated by my senior will not be squarely applicable when they choose to scratch the MRP which itself will manifest as their intention to cause fraud on gullible customers.

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Vaidehi Samant

Responded 2 years ago

A.What will be your monetary claim vide filing the complaint with consumer Court?? Rs 35 and Rs 65 are not the amounts which Court might consider anyhow still if you please to go ahead to bring a policy change you can file complaint for a general cause and claim compensation to be provided by these platforms to some needy group of people. Such complaints do exist, you can take a look at similar case laws in various legal blogs or websites. Thank you.

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Anik

Responded 2 years ago

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A.Hi,
In 2017, a Supreme Court bench ruled that hotels and restaurants can sell bottled water and packaged food at higher than the MRP. The reason cited for this was that the restaurant or hotel in question would not be making a simple sale, as a retailer would, but would also be providing the customer with additional services like ambience and cutlery. I hope that answers your query.
If you like my answer, please rate me.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
There is a recent SC ruling which states that the restaurants and hotels can charge above MRP on packaged goods and bottled drinking water. So the restaurants can fix their prices as per their wish.
If you like my answer, please rate me.

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Abhimanyu Shandilya

Responded 2 years ago

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A.See charging more than the MRP is illegal in India as per the law prescribed under Consumer Goods (Mandatory Printing of Cost of Production and Maximum Retail Price) Act, 2006. Hence if these online delivery guys and restaurants are not following the rules and the laws then you have a good case against them and you can move the consumer forum.

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