Charging more than the Maximum Retail Price (MRP) constitutes unfair trade practice and deficiency in service.

ORDER

J.D. Kapoor, President (Oral)- For having overcharged than MRP of a coke bottle, the appellant has been vide impugned order dated 17.4.2007, held guilty for deficiency in service and directed to refund Rs. 10 and over and above pay Rs. 2,000 as compensation and Rs. 1,000 as cost of litigation.

2. The impugned order has been assailed firstly on the ground that the appellant had revised the rates from Rs. 20 to Rs. 30 per bottle which was reflected in the menu, but the District Forum has referred to the old menu where the price of the bottle was shown as Rs. 20. The contention of the Counsel for the appellant is that the respondent placed on record the old menu card which was revised w.e.f. 1.5.2007, and the bottle was purchased on 10.5.2007 and Rs. 30 was mentioned on the bottle itself which was not produced by the respondent.

3. The very connotation printed on the packaged goods namely MRP which means "Maximum Retail Price" leaves no manner of doubt that no trader or person can charge more than the price mentioned on the packaged. "Retail" means the sale of goods or articles to an individual or in small quantities directly to the consumer.

4. Conduct of the appellants squarely falls within the mischief of unfair trade practice and deficiency in service as they sold the article for a price which was more than the permissible maximum price.

5. In the result the appeal is dismissed being devoid of merit. The order shall be complied with within one month from the date of receipt of this order.

6. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.

7. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.