Man Rs 82 Extra 100 Gm Almonds Rs 7000 In Consumer Court

litigation costs amounting to Rs 7,000 after finding that the retailer sold 100 grams of almonds above its maximum retail price (MRP).

A bench of president D Sreedevi, and members Y Sundara Rao and Dr SA Sameera noted that the allegations against the retailer were proved by the unchallenged evidence of the complainant.

“The sale of goods more than MRP shows the unfair trade practice followed by the opposite parties 1 and 2 and they are definitely liable to repay the excess amount with interest and compensation, to the complainant,” the commission noted in its order dated May 30.

The commission noted that in its reply to the consumer’s legal notice, the retailer had admitted that there was an error in scanning the product price and stated that the mistake was neither wilful nor intentional.

The commission observed that the retailer did not subsequently deny this admission in its written statement.

“The silence of the said statement version, of reply notice in the written amounts to admission of said statement in the reply and allegations of the complainant,” the commission remarked.

The commission held that the negligence and carelessness meted out by the opposite parties are deemed to be a deficiency of service on their part.

“Complainant produced documents which are very supportive to prove his case. Hence, the Commission finds that there is an unfair trade practice on the part of the opposite parties as alleged by the complainant,” the bench noted.

Allowing the complaint in part, the commission directed More Retail and its managing director, jointly and severally, to refund Rs 82 with 12 per cent annual interest from the date of purchase until payment.

It also awarded Rs 5,000 as compensation for mental agony, physical hardship and suffering caused by the unfair trade practice, along with Rs 2,000 towards litigation costs.

A Kerala consumer commission has directed the Kerala State Beverages Corporation (KSBC) to pay Rs 25,000 in compensation and costs to a customer after finding that it charged Rs 10 more than the Maximum Retail Price (MRP) printed on a beer bottle.

The order passed by a bench comprising president George Baby and member Nishad Thankappan noted that charging excess MRP constitutes ‘unfair trade practice‘ and ‘deficiency in service’.

“Charging excess of MRP by opposite party constitutes “unfair trade practice” and “deficiency in service” as per Consumer Protection Act, 2019 and in our considered view adequate compensation should be levied on the opposite party to change this trend,” the Consumer Disputes Redressal Commission, Pathanamthitta noted in its order dated June 3.

It remarked that the illegal act of overcharging caused the complainant severe mental agony, inconvenience, and forced the complainant to run from pillar to post to assert his basic consumer rights.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More