Costs of Rs One lakh imposed upon Godrej and Boyce Manufacturing Co. Ltd. for charging more than MRP

National
Consumer Disputes Redressal Commission (NCDRC): While dismissing the
revision petition filed by Godrej and Boyce Manufacturing Co. Ltd. challenging
the orders of District Forum and State Commission, which were passed in favour
of the complainant, NCDRC imposed punitive
costs in the sum of Rs one lakh on Godrej and Boyce Manufacturing Co. Ltd.
for charging more amount than the maximum retail price (MRP) from the consumer.
Earlier, the complainant was informed by the official of the Company
that she should purchase their products and free pair of silver watch would be
given as per terms and conditions of that scheme. She
booked a fridge and a washing machine by paying Rs 500 in advance and when the
firm delivered the goods she paid the remaining balance of Rs 22,341. However,
it was later found that the firm was charging more amount than the MRP of the
goods. The excess amount was Rs 2,695 for each of the articles. Even after
approaching Company regarding the grievance, no relief was rendered. Feeling
aggrieved the complainant filed complaint before District Forum which decided
in favour of the complainant and directed the Company to refund the
excess amount in the sum of Rs.5,390/- and pay compensation in the sum of
Rs.18,722/- to the complainant. An appeal filed by the Company in the matter before State
Commission was also dismissed. Before NCDRC, the Company contended that the
case was barred by limitation as it was filed after a delay of two years. While
rejecting the said contention of the Company, the Commission observed, “The
flip-flop stance on the part of the OP (Company) clearly goes to show that they
were delaying the case and had adopted a Fabian policy. They never said ‘no’ to
the claim made by the complainant.” After perusing the material on record,
NCDRC noted, “There is no flaw at all in the order passed by the Fora below. On
the contrary, the position of the company must be noticed. It has committed an
egregious mistake and tried to sell the goods at more than M.R.P. The free gift
of pair of silver watch is nothing, but a ruse to lead the gullible consumers,
up the garden path.” While imposing the costs upon the Company, NCDRC dismissed
the petition. [Godrej and Boyce Manufacturing Co. Ltd. v. Anagha Vilas Kulkarni, , decided on August 21, 2015]
Source: Legal news India

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