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NLSIU students take on Pepsi in consumer tribunal

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Five NLSIU Bangalore students with their Legal Services Clinic have filed a consumer complaint against Pepsi Co alleging “unfair trade practice” and “cheating” for higher and varied maximum retail prices (MRP) on beverages.

Adithya Banavar, Abhimanyu Kampani, Aubrey Lyngdoh, Lakshmi Nair and Ashwini Obulesh managed to get their complainant admitted before the district consumer forum in Bangalore against the company after they were sold a mineral water bottle and a couple of other beverages at higher retail cost on the pretext of charging a rate inclusive of service tax applicable at the selling outlet.

“The differential marking of MRPs is not only an unfair trade practice under the Consumer Protection Act, but also defeats the very purpose of requiring a manufacturer to mark an MRP on the product,” the students submitted. “It also leads to cheating of consumers who are unaware of the differential marking of MRPs.”

Ashwini Obulesh told Legally India: “This complaint is in the public interest and we are not asking for damages alone, but want the unfair practice, which is rampantly happening, to cease.”

The complaint was filed in October last year with financial assistance coming from the Ministry of Consumer Affairs Chair on Consumer Law & Practice at NLSIU, which is currently held by Prof Ashok Patil. Three of the complainant students had been members of the law school’s Legal Services Committee, said Obulesh.

The initial arguments for admission were rendered by Obulesh but they may later seek a qualified lawyer’s assistance in the case if necessary. The next hearing will be on 22 February 2011 when the opposite parties are expected to register appearances.

To date the complainants have only received an emailed response to their legal notice from two of the opposite parties namely, Pepsi Co and Aradhana Foods and Juices, said Obulesh.

Download the petition here.

Photo by mike9alive

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