One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me with a complaint against various sellers on X.marketplace and Y.platform who were selling collectible toy cars at prices 10-15 times higher than the printed MRP. The toys had an MRP of Rs. 179 but were being sold for Rs. 2,500 to Rs. 10,000 online. Even local retailers in Area A were charging Rs. 1,000 for items with MRP of Rs. 179. Mr. X discovered this pattern was widespread across multiple sellers and physical stores. The sellers were exploiting the collectible nature and limited availability of certain toy variants to charge exorbitant prices, clearly violating consumer protection norms. This systematic overcharging was affecting numerous consumers who were either unaware of the actual MRP or had no alternative purchasing options.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all instances of overcharging with screenshots and receipts showing both MRP and selling price. File complaints with Consumer Protection Commission for multiple violations. Report to relevant e-commerce platform’s grievance mechanisms first. Gather evidence from multiple sellers to establish a pattern of violation.

Applicable Sections of Law

This case falls under Consumer Protection Act, 2019 for unfair trade practices and overcharging. Section 318 of BNS (Bharatiya Nyaya Sanhita) deals with cheating consumers. Section 316 BNS covers dishonest inducement to deliver property. Under BNSS (Bharatiya Nagarik Suraksha Sanhita), Section 173 allows filing of complaints for consumer fraud. The Legal Metrology Act, 2009 specifically prohibits selling above MRP. These violations constitute both civil consumer protection issues and potential criminal cheating charges when done systematically to exploit consumers.

If You Are the Complainant

• Collect comprehensive evidence including product photos showing MRP labels and seller prices
• File complaint with District Consumer Disputes Redressal Commission within your jurisdiction
• Submit complaints to e-commerce platforms’ internal grievance systems with documented proof
• Report violations to Department of Consumer Affairs online portal for MRP violations
• Maintain detailed records of all sellers, dates, and price differences for pattern establishment

If You Are the Victim

• Immediately stop purchasing from sellers charging above MRP and document their violations
• Contact your bank or payment gateway to dispute recent transactions if possible
• Join with other affected consumers to file collective complaints for stronger case
• Report to consumer helpline numbers and online complaint portals for immediate action
• Seek refund difference between MRP and amount paid through consumer forum proceedings

How the Police Behave in Such Cases

Police typically treat MRP violations as civil consumer disputes rather than criminal matters initially. They may direct complainants to consumer forums first. However, when systematic cheating pattern is established with evidence of intentional fraud, they register cases under relevant BNS sections. Police cooperation improves when multiple victims file complaints together showing organized violation scheme.

FAQs People Normally Have

Can sellers legally charge above MRP? No, selling above MRP is illegal under Legal Metrology Act and Consumer Protection Act.

What if seller claims it’s import duty or premium variant? MRP includes all applicable taxes and duties; premium variants must have separate MRP labels.

Can online platforms allow above MRP selling? Platforms are liable for enabling such violations and must take action when reported.

How much compensation can I claim? You can claim difference amount plus damages and litigation costs through consumer forum.

What Evidence Is Required?

• Clear photographs of product packaging showing printed MRP
• Screenshots of online listings with seller details and inflated prices
• Payment receipts and transaction records from purchases
• Communication records with sellers regarding pricing
• Evidence of multiple sellers engaging in similar violations
• Witness statements from other affected consumers
• Documentation of availability of same products at MRP elsewhere

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-6 months for MRP violation cases with clear evidence. E-commerce platform internal investigations resolve within 15-30 days when properly documented. Department of Consumer Affairs complaints are processed within 30-45 days. Criminal cases under BNS may take longer depending on investigation complexity and number of affected consumers.

Advocate Sudhir Rao, Supreme Court of India