Shop fined Rs 50 lakh for charging Rs 75 extra on drink:
CHENNAI:
That October morning in 2009, a vendor at Chennai airport decided to
make an extra Rs 75. Five years later, he may be poorer by Rs 50 lakh.
Charging a customer double for an energy drink has attracted a strong
censure from the National Consumer Disputes Redressal Commission (NCDRC)
and a fine of Rs50 lakh for the vendor- Snack Bar, a unit of Saptagiri
Restaurant.
NCDRC lambasted Snack Bar for having collected
Rs150 for a can of Red Bull from Delhi resident D K Chopra, while the
retail price was Rs75. It also came down heavily on airport authorities
who it said were "working in cahoots" with stall owners to obtain higher
rates for licences. The commission directed the stall owner also to pay
Rs10,000 to Chopra.
Chopra bought the drink at the airport in
October 2009. Unhappy over being charged almost double, he issued a
legal notice, but the stall-owner did not reply. Chopra then moved the
District Consumer Disputes Redressal Forum (DCDRF) for a compensation of
Rs2 lakh for "harassment and mental agony," and Rs11,000 as "travel and
legal expenses." But the forum dismissed his complaint.
Chopra
then filed a first appeal in the State Consumer Disputes Redressal
Commission (SCDRC). This too was dismissed on the grounds that he had
failed to prove the MRP of the product. He submitted two receipts for
purchasing the drinks, which were not signed by the owner.
He
approached the NCDRC. Counsel for Snack Bar said they were entitled to
collect twice the MRP and submitted a letter from the deputy general
manager, commercial at Chennai international airport. The letter
mentioned the price of "imported juice/energy drink" as Rs140.
Questioning the logic of its classification as a juice, it said "by no
stretch of imagination Red Bull can be called an imported juice energy
drink." "Such a price list can be created any time and has exiguous
value," said the commission. It also said the letter did not have
endorsement from the Airports Authority of India. "Even if it is assumed
that AAI had given permission, they are not empowered to do so. AAI
cannot disturb MRP rates," the commission said. Stating a snack joint
was "like a tea/ beedi stall," it said a person could not be forced to
pay the prices which have been prescribed for restaurants.
"The
stall owner has no right to misappropriate public money. It should go
back to the public." said the commission, adding the vendor might have
been charging above the MRP before 2009 and would have earned "crores of
rupees." It directed the vendor to deposit the fine in the consumer
welfare fund under the ministry of consumer affairs.
Gauri Kesarwani. PGDM- 2nd sem Source: Live Mint
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