Overcharging Above MRP for Kinley Plus Packaged Drinking Water at Brundavan Spicy

S

Sreenivasulu

New member
Hotel Name
Brundavan Spicy
Website Name
brundavan-spicy-family-restaurant.bu
Loss Amount
15
Ratings
4.00 star(s)
Opposite Party Address
BRUNDAVAN SPICY, YERRAMUKKAPALLI CIRCLE, HIMALAYA MULTI - SPECIALITY HOSPITAL, RS ROAD, KADAPA, ANDHRA PRADESH-515001
I'm bringing a complaint against Brundavan Spicy in Kadapa for violating consumer regulations by charging more than the Maximum Retail Price (MRP) on a packaged good.

The Kinley water bottle had a stated MRP of ₹20.00; however, the eatery charged ₹30.00 for it. According to the Legal Metrology (Packaged Commodities) Rules, 2011, it is unlawful to charge more than the MRP for any packaged good, including bottled water.

I'm asking the consumer court to look into this matter and ensure that it doesn't happen to other customers again.

As an Indian citizen, I am taking this matter to court without anticipating any reimbursement or recompense.

Additionally, they overcharged for the 250 ml Coca-Cola; the market price is RS20, but they charged RS25.
 

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  • Brundavan Spicy Hotel Bill.jpeg
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Hello @Sreenivasulu

In India, restaurants can charge more than the Maximum Retail Price (MRP) for bottled items like water, soft drinks, or packaged snacks — but only under certain conditions.

Here's a breakdown of the legal position:​


✅ When it’s Allowed:​

  • If the item is served as part of a service (e.g., in a restaurant, hotel, or cinema hall), the establishment can charge more than the MRP.
  • This is because it’s considered a service, not a retail sale — you're paying for ambience, seating, service, etc.

❌ When it’s Not Allowed:​

  • If you're buying the item from a retail shop, takeaway counter, or standalone kiosk without any service attached, they must charge only MRP or less.
  • Overcharging MRP in these scenarios can be penalized under the Legal Metrology Act, 2009.

⚖️ Supreme Court Ruling:​

  • In 2017, the Supreme Court of India ruled that charging above MRP is not illegal when it's part of a composite service, such as dining in a restaurant.

Summary:​

  • Dine-in at a restaurant: Charging above MRP is allowed.
  • Buying from a shop/kiosk/takeaway: Charging above MRP is not allowed.

Thanks
 
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