JUSTICE V.K.JAIN (ORAL) The complainant / respondent No.1 allegedly visited a Multiplex in Vijayawada to watch a film. In the theatre, a bottle of Kinley water was sold to him for Rs.50/-, a 400 ml Minute Maid pulpy orange was sold to him for Rs.60/- and a cane of Diet Coke was sold to him for Rs.100 though the regular price of these products was Rs.20/-, Rs.30/- and Rs.30/- respectively. He therefore, alongwith Consumer Guidance Society, filed a consumer complaint, alleging that the petitioners were indulging in unfair trade practice, besides violating the provision of Legal Metrology Act, 2009. 2. The complaint was resisted by the petitioners who interalia stated in their reply that the water and beverages sold in the theatres were specially manufactured and packed for sale in the theatres and they were selling the same at the MRP printed on such packages. It was also stated by them that the viewers were under no compulsion to purchase in the theatres. 3. The District Forum disposed of the consumer complaints with the following directions:- “1. The opposite party No.4 (Multiplex) have to refund the excessively charged Rs.130/- with an interest of 9% from the date of complaint to the complainant No.1. 2. The opposite parties 1 to 3 jointly (i.e. cold drink Companies) pay Rs.5,000/- as compensation to the complainants. 3. The opposite parties 1 to 3 (i.e. cold drink companies) are to pay Rs.5,00,000/- to the State Consumers Welfare Fund as penalty for formulating and implementing the Dual MRP and in the process for earning huge illegal profits. 4. The opposite party No.4 (Multiplex) is directed to make available in their premises. Acquafina, Kinley and Bisleri, etc., the products of opposite parties 1 to 3 (i.e. cold drink companies) for sale at the rates that are prevalent in the general market so that the right to choose by the consumers is respected. In accordance with Rule 6 of legal metrology, price list has to be prominently displayed with the details pertaining to Manufacture's name and address, weight/quantity, month of manufacturing with year and MRP, etc. which can be visible to consumers. 5. The opposite party No.4 (Multiplex) shall provide free drinking water facility at more accessible places for convenience of consumers. 6. The opposite party No.4 (Multiplex) shall allow the consumer to carry packaged water, cold drinks and eatables into the multiplex. 7. The opposite party No.5 (Controller, Legal Metrology) shall enforce all the said measures which are meant for opposite party No.4 (Multiplex) upon all other Multiplexes and cinema theatres though they have not been made parties in the present complaint. 8. The opposite party No.5 (Controller, Legal Metrology) shall ensure that the multiplex cinema theatres throughout the state shall display the boards comprising the details of the Officer responsible for the redressal of the disputes pertaining to weights and measures with his mobile number, whatsapp or email id prominently visible to the consumers. 9. The opposite party No.5 (Controller, Legal Metrology) shall ensure by taking appropriate action, that all the packaged commodities which are on sale shall carry all the details as described under Legal Metrology (Package Commodity) Rules, in all the multiplex cinema theatres throughout the state. 10. The opposite party No.5 (Controller, Legal Metrology) shall register the complaints in every district regarding the Dual MRP and accordingly take action within the stipulated time frame and he is to maintain all the records for examination. The opposite parties 1 to 5, Cold drink Companies, Multiplex, Controller, Legal Metrology are hereby ordered to comply with above orders within two months from the date of order.” 4. Being aggrieved from the order passed by the District Forum, the petitioners approached the concerned State Commission by way of appeals. The said appeals are still pending. The only grievance of the petitioners in these petitions is that the State Commission while staying other directions given by the District Forum qua the petitioner has not stayed the second part of Direction No.4 and has also not stayed Direction No.6. 5. The second part of Direction No.4 required the petitioner to display the price list with details such as manufacturer’s name and address, weight / quantity, month of manufacturing with year and MRP, etc. Direction No.6 required the petitioner to allow the viewers to carry packaged water, cold drinks and eatables in the multiplex. 6. As rightly pointed out by the learned Sr. Counsel for the petitioner Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 applies to the manufacturer of the packaged goods and requires them to display the particulars given in the said Rule including the name and address of the manufacturer, the net quantity, the month and year of manufacture and real price of the package. The State Commission, therefore, ought to have stayed the Second Part of the 4th direction during pendency of the appeals. 7. As far as Direction No.6 is concerned, the following was the view taken by this Commission in Revision Petition No.3972 of 2014 - Rupasi Multiplex, Post Office, Chowmuhani, Agartala Vs. Mautusi Chaudhuri & Ors., decided on 19.9.2014:- “6. We are in agreement with the learned counsel for the petitioner that the security considerations may prevail upon the cinema owners to prohibit carrying of drinking water from the market inside the cinema hall. Sometime undesirable elements may carry alcoholic drinks or even water mixed with acid inside the cinema halls. There have been reports on bottle bomb devices exploding at theatres leading to evacuation of the theatres. In our opinion, a cinema hall, which seeks to prohibit carrying of drinking water inside the cinema hall for security reasons, must necessarily provide free portable and pure drinking water through water coolers installed inside the cinema halls, before such a prohibition can be enforced. An appropriate water purifiers such as Aqua-guards, needs to be installed with the water coolers so that the water available to the cinema-goers free from the impurities. Disposable glasses in sufficient quantity need to be kept available near the water coolers. It has also to be ensured that the water supply is actually available through the water coolers before the movie starts as well as throughout the screening of the movie including interval. If for any reason, water supply is not available on a particular day, alternative arrangements for supply of free pure and portable drinking water to the cinema-goers needs to be made available by the owners of the cinema hall. The cinema hall is also required to ensure that the water coolers as well as water purifiers remain fully functional and are regularly serviced from time to time so that only purified water is dispensed through the coolers. If this is not done, the owner of the cinema hall would be liable to pay appropriate compensation for the deficiency in rendering services to the cinema-goers. Mere availability of the drinking water from the cafeteria, in our view, would not be sufficient to enforce prohibition of carrying drinking water inside the cinema halls.” 8. The learned counsel for the petitioner states on instructions that the petitioner has been complying with the Direction No.5 of the State Commission which requires them to provide free drinking water at more accessible places for convenience of the consumers. 9. Considering all the facts and circumstances of the case, Direction No.6 and the second part of Direction No.4 issued by the District Forum shall remain stayed during pendency of the appeals before the State Commission provided that the drinking water made available by the petitioners in the cinema halls is free, potable and pure, it is supplied through water coolers/dispensers installed in the theatres and an appropriate water purifier is installed with the water coolers so that the water available to the cinema goers is free from impurities. Disposal glasses in sufficient quantity also have to be made available all the time near the water coolers and it has to be ensured that the water supply through the water coolers is available throughout the screening of the movie including intervals. If for any reason water supply through water coolers is not available on a particular day, alternative arrangements for supply of free, pure and potable drinking water to the cinema goers has to be made by the petitioner who has to keep the water coolers as well as the water purifiers fully functional and regularly serviced from time to time. 10. The revision petitions stand disposed of accordingly. Considering the general importance of the issue involved in these petitions, the State Commission is directed to decide the appeals within a period of three months from the next date of hearing fixed before it. |