Delhi

East Delhi

CC/300/2020

KRISHAN KANT SHARMA - Complainant(s)

Versus

M/S BIKANERVALA FOODS & ORS. - Opp.Party(s)

12 Feb 2021

ORDER

CC No. 300/2020

26.02.2021

Present : Complainant in person

Heard the arguments through online hearing. 

The case of the complainant is that M/s. Bikanervala Foods Pvt. Ltd. (OP-1) which is having its outlet at Laxmi Nagar (OP-2) charged the price of the packaged Rasgulla above the printed MRP.

The complainant has placed an order on the website operated by M/s. Bundl Tech Pvt. Ltd. (Swiggy)(OP-3) for two packets of Rasgulla of 10 pieces each.  The advertisement on the website of OP-3 as well as the order confirmation page indicated the price of the Rasgulla Rs. 200/- i.e. Rs. 100/- per packet.  However, the complainant had to pay a sum of Rs. 242/- which includes order packaging charges and the taxes on the said amount.  When the packet was delivered, the complainant noticed that the MRP of the said product is Rs. 105/- for each packet.  Hence, the complainant has field this complaint alleging unfair trade practice and charging Rs. 42/- which is above the MRP

It is an admitted possession that the said product was delivered at the residence of the complainant and the OPs have charged Rs. 30/- and additional tax of Rs. 11.50 as GST as handling charges.  The law with respect to the MRP is very clear that the MRP should include the permissible taxes.  However, for the delivery of the product at the residence of the complainant, the relevant law does not provide that MRP should also include the delivery and handling charges.  The delivery charges is shown as handling charges in the receipt.

The complainant failed to show to us that how charging of the handling charges is an unfair trade practice and is not permissible as per law.

Hence, we do not find any merit in the complaint and the complaint is dismissed at the admission stage.

Copy of the order be given to the parties.

File be consigned to Record Room.

 

    (Member)                                                                                              (President)