Charged Rs 100 extra by shop on MRP for T-shirt, Punjab man wins Rs 8,000 payout

The complainant alleged that despite raising the issue, the staff refused to rectify the bill. He further said that when the complainant requested to cancel the transaction to avoid being overcharged, the officials refused under the pretext that a GST bill had already been generated and reflected in their accounts.

Alleging illegal excess charge of Rs 100, the complainant moved consumer commission seeking refund and a compensation to the tune of Rs 1 lakh. The complainant produced the original MRP tag showing the price as Rs 199, the retail bill reflecting a charge of Rs 299, and his affidavit in support of the allegations.

Despite due service of notice, the retailer did not file a written statement or contest the proceedings, leading the commission to proceed ex parte.

Customer granted relief

At the outset the commission noted that the MRP printed on a consumer commodity is the absolute peak price at which an item can legally be sold to an end consumer. It further observed that under the law MRP is strictly inclusive of all internal levies and taxes, including GST.

The commission remarked that charging even a single rupee more than the MRP constitutes an unfair trade practice and a deficiency in service under the Consumer Protection Act.

It also noted that the staff’s defence that they could not reverse a GST invoice was unacceptable.

“The alleged defense offered by the store officials regarding the inability to alter or reverse a GST Invoice is completely untenable in law. A consumer cannot be penalized for internal accounting mechanisms or software rigidities maintained by a retail entity,” the order read.

The commission observed that while the overcharged sum was modest, the attitude of the retailer forced the consumer to approach the commission.

“While the overcharged principal sum is a modest Rs 100, the high-handed attitude of the Opposite Party forced a consumer to approach this Commission for legal redress, causing undue mental agony, harassment, and wastage of precious time. Such arbitrary commercial behavior must be discouraged,” the order stated.

It also noted that the non-appearance of the retailer proved that either they had admitted the claim of the complainant or it had no say in the matter.

Allowing the complaint partly, the commission directed the retailer to refund the excess Rs 100, pay Rs 5,000 as compensation for mental harassment and Rs 3,000 towards litigation expenses within 45 days of receiving the order.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Punjab helpline: 0800-22577) or call the National Consumer Helpline at 1915 for assistance.