Nithyakalyani Narayanan. V
Recently, the Consumer Disputes Redressal Commission in Himachal Pradesh ordered Sunil Wine Shop to pay compensation to a consumer for selling liquor bottles at prices exceeding the maximum retail price (MRP). The ruling is a major step in safeguarding consumer rights and preventing unfair trade practices.
Tarun Chaurasia filed a complaint against the wine shop, claiming that they had overcharged him than MRP for certain alcoholic beverages. The complainant sought various reliefs, including a declaration of the violation of consumer rights, a refund of the excess amount charged, litigation costs, compensation for financial loss and mental distress, penalties on the opposite party, and the discontinuation of unfair trade practices.
The Commission examined the evidence provided by Tarun, including receipts, to determine the validity of the complaint. The CDRC is presided over by Mr Hemanshu Mishra, with members Ms Arti Sood and Sh. Narayan Thakur. The evidence disclosed that the shop did charge beverage prices above MRP, which is a direct violation of consumer rights.
In the ruling, President Hemanshu Mishra held, “The perusal of record reveals that payment for purchasing beer bottles and whisky was made through Google payment mode, unrebutted and unchallenged affidavit of complainant had specifically stated that for 8 Bottles of Kingfisher Ultra were charged Rs.130/- per bottle whereas MRP was Rs.85/-. On the same line, Four bottles of Budweiser beer were charged for Rs.230/- whereas MRP was Rs.225/- and one bottle of Blender pride whisky was charged Rs.500/- whereas MRP was Rs.480/-. The receipts substantiate the contentions of complainant.”
The CDRC emphasised the significance of legal provisions such as the Legal Metrology (Packaged Commodities) Rules 2011 and the Excise Policy 2023-24 of Himachal Pradesh in protecting consumer rights and preventing unfair trade practices. The ruling emphasized that unless the declaration regarding MRP is duly substituted by the competent authority, no retailer can charge an excessive amount above the MRP.
Sunil Wine Shop was ordered to pay compensation of Rs. 25,000 to the complainant along with an additional Rs. 10,000 for litigation costs. The shop was directed to discontinue the unfair trade practice. CDRC suggested that the state of Himachal Pradesh develop a software system for tracking and tracing liquor sales to ensure transparency and consumer protection.
Name of the case`: Tarun Chaurasia vs. Sunil Wine Shop
Bench: Mr Hemanshu Mishra, Ms Arti Sood and Sh. Narayan Thakur