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 multiple retailers in Area A who were charging Rs. 2 extra over the Maximum Retail Price (MRP) on X.brand milk packets, citing “cooling charges” as justification. These stores were systematically overcharging customers for refrigerated milk products, claiming that maintaining cold storage warranted additional fees beyond the printed MRP. Mr.X had been paying these extra charges for months before realizing this practice violated consumer protection laws. The retailers argued that electricity costs for refrigeration justified the additional charge, but this defense holds no legal merit as MRP includes all overhead costs including storage and handling.

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 every instance of overcharging with receipts and photographs. File complaints with local consumer forums and weights & measures department. Report to consumer helpline numbers for immediate action. Gather evidence from other affected customers to strengthen your case.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 318 covers cheating and dishonestly inducing delivery of property applies when retailers charge beyond MRP. Section 61 addresses criminal breach of trust if systematic overcharging occurs. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for investigation of consumer fraud cases. The Legal Metrology Act, 2009 specifically prohibits selling above MRP and provides for penalties including imprisonment and fines for violations.

If You Are the Complainant

• Collect all receipts showing charges above MRP with dates and store details
• File complaint with District Consumer Disputes Redressal Forum within two years
• Report to Legal Metrology Department for immediate enforcement action
• Document store names, addresses, and owner details for legal proceedings
• Maintain records of all communication with store owners regarding overcharging

If You Are the Victim

• Refuse to pay any amount above the printed MRP and insist on legal pricing
• Take photographs of price tags and MRP labels on milk packets
• Record conversations with store owners admitting to cooling charges practice
• Contact other customers to join collective complaint for stronger legal action
• Report immediately to consumer helpline 1915 for quick resolution

How the Police Behave in Such Cases

Police typically treat MRP violation cases as economic offenses requiring immediate attention. They coordinate with Legal Metrology officers for joint raids and evidence collection. Most officers understand the seriousness of systematic consumer exploitation and act promptly on complaints. However, they may initially suggest civil remedies before pursuing criminal charges, depending on the scale of violations.

FAQs People Normally Have

Can stores legally charge for cooling/refrigeration? No, MRP includes all costs including storage, handling, and refrigeration charges.

What penalties can retailers face? Fines up to Rs. 25,000 and imprisonment up to one year under Legal Metrology Act.

How to get refund of excess charges paid? Consumer forums can order refunds with interest and compensation for harassment.

Are cooling charges different from service charges? Both are illegal when added to MRP as maximum retail price is final selling price.

What Evidence Is Required?

• Original receipts showing charges above MRP with store details
• Photographs of milk packets showing printed MRP clearly
• Video recordings of store owners demanding cooling charges
• Witness statements from other affected customers
• Screenshots of any written communication about additional charges
• Bank statements showing payments made above MRP
• Store visit dates and times with detailed documentation

How Long Will the Investigation Take?

Legal Metrology Department investigations typically complete within 15-30 days for MRP violation cases. Consumer forum proceedings may take 3-6 months for resolution. Criminal cases under BNS can extend 6-12 months depending on evidence complexity. Quick settlement possible if retailers cooperate and agree to refund excess charges voluntarily.

Advocate Sudhir Rao, Supreme Court of India