Biryaniwalla Co in Banjara Hills asked to pay Rs 1,015 for overcharging

HYDERABAD: The District Consumer Redressal Commission, commonly known as consumer court, ordered Biryaniwalla Co., to pay Rs 1,015 in compensation for charging more than the Maximum Retail Price (MRP) on a water bottle and a cold drink in violation of the Legal Metrology (Packaged Commodities) Rules, 2011.

The consumer forum, while imposing the compensation on the restaurant, asked the restaurant to immediately stop charging dual MRP and charging over and above the MRP printed for pre-packaged products.

On March 2, 2021, Salesh Bin Ali Lahmadi (27), a resident of Chatta Bazar in Hyderabad, visited Biryaniwalla Co. in Banjara hills and ordered a mutton biryani, a water bottle and a soft drink bottle. When Salesh Bin received his bill, he noticed that he was charged Rs 380 for the mutton biryani, Rs 45 for the soft drink and Rs 30 for the water bottle.

In his complaint, Salesh Bin claimed that the restaurant did not provide decent service and in addition to that, charged Rs 5 extra for the soft drink and Rs 10 extra for the water bottle, which he considered to be an unfair trade practice.

The actual MRP of the soft drink and water bottle was Rs 40 and Rs 20 respectively. Salesh, who was dissatisfied with the restaurant, filed a complaint with the consumer forum, seeking appropriate redressal.

While responding to Salesh's petition, the restaurant authorities denied his allegations. They claimed that he ordered the items only after being satisfied with the rates and paid accordingly after consuming the biryani and the soft drink besides water served by the restaurant. The restaurant requested dismissal of the case, maintaining that there was no fault in service or unfair commercial practice on their part.

To determine if the restaurant charged more than the MRP, the consumer forum ordered the restaurant to produce pictures of the menu. The menu images clearly disclosed that the cold drink was priced at Rs 40 and the water bottle, Rs 25. As against this, the restaurant charged Rs 45 for the cold drink and Rs 30 for the water bottle from Salesh, making it clear that they overcharged the complainant, which amounted to unfair trade practice.

Since the restaurant was found to be charging more than MRP, the Commission ruled that it was not only an unfair trade practice but also a violation of the modified Legal Metrology (Packaged goods) Rules, 2011, thus prohibiting dual MRP.

Ruling in favour of the complainant, the commission ordered Biryaniwalla Co., to refund the Rs 15 excess collected from the complainant with nine percent interest from the date of payment until the date of realisation.

The consumer court also ordered the restaurant to pay Rs 1,000 in compensation and legal costs. It ordered the restaurant to immediately stop using dual MRP and charging over and above the MRP on pre-packaged commodities.