For Protection of Consumers Change Needed in Packaged Commodity Rules, 2011

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It has been observed that, some big food joints / restaurants have increased MRP of the some products with their own choice. Is it possible to have 2 MRPs of same product, same packaging and same ingredients in same state or is it possible to have lower MRP on high quantity packaging  than the MRP on lower quantity packaging  of same product, same brand?

For instance, Dominos are selling 300 ml Coca Cola Cold Drink for Rs. 45 and MRP printed on bottle whereas same brand beverage of Coca Cola is available in market in 250 ml for Rs. 15 and in 750ml for Rs. 36. Is law different for rich and common man? Aren’t citizen of India should feel protected under consumer law.

When I complaint about this to Dominos, they didn’t give me any justified reason for this.

On contacting Coca Cola, they replied that, “restaurants at Airports, Dominos, etc have high rent, their licence fee is very high, that is why, Coca Cola sold them cold drinks at higher MRP than in retail market.”

But as per Minister of consumer affairs directives, NCDRC advisory to states, & as per Packaged Commodity Rules of India, 2011, Shops/Restaurants cannot sell beverages at higher MRP. There couldn’t be a different MRPs for same product, same quantity of same brand.

A Similar case was reported in Rajasthan at NCDRC, and they imposed the penalty on the Big Cinemas, Reliance Media works and another case was reported in COMPETITION COMMISSION OF INDIA in Hyderabad in 2011 on Hindustan Coca Cola Beverages Pvt. Ltd & Inox Leisure Limited. A penalty of 5% of the average of the turnover for the last three preceding financial years is imposed upon M/s ILL and HCCBPL for deliberately entering into exclusive supply agreement to foreclose the competition and driving the competitors out of the market.

http://www.delhi.gov.in/wps/wcm/connect/5f3e37004e3e9e859658de3b9c21200d/judgement.pdf?MOD=AJPERES&lmod=755993268&CACHEID=5f3e37004e3e9e859658de3b9c21200d

http://www.cci.gov.in/sites/default/files/HCCBPLDessOrder150611_0.pdf

http://www.cci.gov.in/sites/default/files/772015.pdf

Now, these restaurants/shops has find a loop hole in the rules for getting away from penalty by just changing the quantity & packaging of product, which results in increased MRP of above product.

Example : Dominos selling a 300 ml Coca cola cold drink at an MRP of Rs. 45, whereas same product in 750 ml is available in market at an MRP of Rs. 36. They are doing unfair trading by using a loop hole.

Government needs to look into these malpractices and take action against them. These restaurants are earning crores of rupees by making fool of general public. MRP concept should be more precise and strong so that these restaurants cannot make their own rules.

Therefore, I request you all to please sign my petition so that amendments can be made in law. This work is in public interest. Consumers should be protected by law not harassed by law.



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