Complaint under Consumer Protection Act, 2019 for charging above MRP

B

Bhargava Reddy

New member
Company Name
SKY SALT HOSPITALITY & CO, Jubilee Hills
Product Name
Thums Up
Loss Amount
159
Ratings
2.00 star(s)
Respected Sir/Madam,
  1. I visited Sky Salt Cafe & Bistro at Jubilee Hills on 01/03/2026 along with my friends.
  2. During our visit, we ordered various food items, including 2 tins of Thums Up (packaged cold drink).
  3. The MRP printed on each Thums Up tin is ₹40.
  4. However, the restaurant charged ₹199 per tin, which is far above the printed MRP.
  5. A copy of the bill (Bill No: - 13066) clearly shows the overcharging. Photographs of the tin showing MRP are also attached.
  6. Charging an amount exceeding the MRP for a packaged product is illegal and amounts to unfair trade practice and exploitation of consumers.
  7. Due to this act, I have suffered financial loss.
Date: 3/3/2026
Place: Hyderabad
 

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Hello @Bhargava Reddy

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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