Don't Vote for BJP, We Are Still Paying More than MRP at Restaurants in India. iLLEGAL !

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Our CONSUMER AFFAIRS MINISTRY HAS BEEN SLEEPING OVER THE WRONG JUDGEMENT GIVEN BY THE SUPREME COURT BASIS THE OLD LAW.

NEW LAWS CAME IN TO EFFECT ON 1 JAN 2018, YET THE RESTAURANTS CONTINUE TO CHARGE MORE THAN MRP CITING SUPREME COURT JUDGEMENT.

This is in regards to the supreme court judgement in the case between FHRAI vs Union of India. The core law under which the Supreme Court order was delivered was under the definition of "Institutional Consumers" definition to whom the pre-packaged rules do not apply. 

Now the definition of Institutional Consumers as amended on 23 June 2017 whcih came in to force effective 1st January 2018 states as following: please also refer to page 9 in PCR 2017 PDF attached. 

‘(bc) “institutional consumer” means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’, directly from the manufacturer or from an importer or from wholesale dealer for use by that institution and not for commercial or trade purposes;’;

The definition to the Term "Institutional Consumers" was also a pretty clear, just the word for trade n all was not mentioned in it, it was earlier as follows:
"i) “institutional consumer” means the institutional consumer like transportation, Airways, Railways, Hotels, Hospitals or any other service institutions who buy packaged commodities directly from the manufacturer for use by that institution."

Now our issue at hand:

1) The word restaurant is not at all a part of the definition of the "Institutional Consumers". Supreme court added it. Hotels (is where accommodation is also available) n Restaurant are 2 different places. 

2) The new rule that came in to force clearly states that they cannot use for Trade or Commercial purposes. 

3) Since the law is modified, the Supreme Court Judgement stands null n void s of 1st Jan 2018. The judgement was passed on 12th December 2017 ( even if for arguments sake the verdict was right) it does not stand valid anymore. 

4) Since the law is prohibiting anyone from charging more than MRP on pre-packaged commodities, everyone violating it can be easily booked u/s 18 of PCR Rules n 36(1) of LM Act of 2009.

5) The judgement does not apply to restaurants. "Institutional Consumers" include Railways, Hotels, Hospitals etc.

Now what is the Risk if we move forward: (If any)

If it was about reservations, the supreme court judgments are challenged in matter of hours, new legislation is brought in. When is about more than 70 crore consumers who are being affected; Our government does not have time for it.?

We all should get together and not vote for BJP or any other Political Party until this issue is not fixed. 

Thanking you once again for time,

Vijay Gopal

President: Forum Against Corruption, 

Hyderabad, Telangana