BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.488 of 2019

      Date of Instt. 11.10.2019                   Date of Decision: 14.07.2023

Munish Malhotra son of Sh. Sunil Malhotra, resident of House No.211, Chotti Baradari, Part-2, Jalandhar-144001.

..........Complainant

Versus

Haveli A Unique Theme Resort, Haveli Restaurant and Resort Ltd.     G. T. Road, Jalandhar-Phagwara Highway, Jalandhar through its Manager/Authorized Signatory.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       None for the Complainant.

                    Sh. Saurabh Gupta, Adv. Counsel for OP.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP is a Unique Theme Resort, Haveli Restaurant and Resort Ltd situated at G.T.Road, Jalandhar-Phagwara Highway, Jalandhar. The complainant is businessman and is doing the business at Jalandhar and is resident of Jalandhar. On 13.08.2019, the complainant along with his friends has gone to Haveli i.e. OP for dinner and after taking dinner the OP charged bill of Rs.1836/-vide bill no.63283 dt.13.08.2019 and bill no.63286 dt.13.08.2019. OP has charged Rs.70/- against bill no.13286 dt.13.08.2019 in which consist of two water bottles i.e. Rs.35.00/- MRP each bottle. Whereas the MRP of water bottle mentioned is Rs.20/- inclusive of all taxes but the OP charged excess amount from the complainant, which caused deficiency in service and unfair trade practice on the part of OP. Moreover, OP has already mentioned in Menu Card Price of Water Bottle is Rs.35/-, Dal Makhni is Rs.220 and Kadahi Paneer is Rs.260/- etc. Not only this, the OP also charges tax on tax as the water bottles have already inclusive the tax but the OP again charged and moreover OP has deducted 5% GST on water bottle i.e. inclusive form as per the rate mentioned in Menu Card instead of MRP of Water Bottle but OP has deducted 5% GST on other items in Exclusive Form so this act of the OP is not only cheat with the complainant, but also with the general public. Payment paid by the complainant cash to the OP. The complainant suffered a great mental tension, agony and harassment apart from humiliation due to above said act and conduct of the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.2,00,000/- for deficiency in service and negligence, unfair trade practice and Rs.30/- as the cost of excess amount of the water bottles and excess GST Rs.43.73/- alongwith interest @ 24% per annum till its realization against the claim amount including all the charges i.e. for mental tension, harassment, humiliation and on account of financial loss incurred by the complainant and for causing negligence on the part of the OP and Rs.22,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP, who filed reply and contested the complaint by taking preliminary objections that Haveli Restaurant & Resorts Ltd is incorporated under the provision of the Companies Act 1956, with its registered office at Jalandhar-Phagwara Highway, Village Khajurla, Tehsil Phagwara, Distt Kapurthala. The company Haveli A Unique Theme Resort is hereinafter referred as to 'Opposite Party". The OP is inter-alia engaged in the business of Hotels & Restaurants. It is further averred that the present complaint is not maintainable in pursuance of the Judgment given by the Hon'ble Supreme Court of India on 12-12-2017 in case titled as ‘Federation of Hotel & Restaurants Association of India V/s Union of India And Others’ for kind consideration of this Commission on the issue of Sale of Mineral Water in hotels & restaurants at the prices which are above the MRP. It is further averred that this Forum is having no jurisdiction to try and decide the present complaint as the Complainant was served food in restaurants situated at Village Khajurla, Tehsil Phagwara, Distt Kapurthala. So Distt- Consumer Disputes Redressal Forum Kapurthala is having Jurisdiction to try and decide the present complaint. It is further averred that the complainant has concealed the true facts from this Commission, hence he is not entitled for the relief claimed by him. The Complainant has no locus-standi to file the present complaint. No cause of action accrued to the Complainant. It is further averred that the OP reserves its right and craves the indulgence of this Commission to add, amend, alter, modify and/or supplant the submissions made in this reply if required. On merits, it is admitted that the OP is a Unique Theme Resort rest of the address is Road, Jalandhar-Phagwara Highway, Village Khajurla, T Phagwara, Distt-Kapurthala having its registered office and works. It is also admitted that the complainant with his friend has gone to Haveli for dinner and he also paid the bill, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective versions, both the parties have produced on the file their respective evidence.

5.                We have heard the learned counsel for the OP only as none has appeared on behalf of the complainant since last so many dates and have also gone through the case file very minutely.

6.                The complainant has alleged negligence, deficiency in service and unfair trade practice on the part of the OPs as they have charged Rs.30/- excess GST on two Water Bottles. It has been alleged that the actual MRP of Water Bottle mentioned is Rs.20/- inclusive of all taxes, whereas the OPs have charged Rs.35/-. The complainant has proved on record the Invoice Ex.C-1 & Ex.C-2 and the photocopy of screenshot of bottle Ex.C-3. He has also produced on record the Menu Card Ex.C-4. The complainant has alleged that as per the law, the OP cannot charge the amount of GST.

7.                The OP has denied all the allegations and relied upon the law laid down by the Hon’ble Supreme Court in a case titled as ‘Federation of Hotel & Restaurants Association of India V/s Union of India and Others’ 2018(I) R.C.R. Civil 513. The copy of the judgment has been produced on record as Ex.R-1 and the Form GSTR-1 i.e. the Details of outward supplied of goods or services as Ex.R-2. As per submission of the OP, the GST charged from the complainant has been deposited with the department as per Return Ex.R-2.

8.                Perusal of Ex.C-2 shows that no GST has been charged specifically on mineral water and the rate of mineral water has been mentioned as Rs.33.33/- of one bottle. The copy of the Menu has been produced on record by the complainant, which is not legible and from this, it is not clear that the amount of Rs.20/- has been mentioned in the Menu of the Mineral Water Bottle. More so, the GST has been charged overall on the entire consumption of the food and not particularly on the water bottle. It has been held by the Hon’ble Supreme Court in a case titled as ‘Federation of Hotel & Restaurants Association of India V/s Union of India and Others’ that ‘charging prices for mineral water in excess of MRP printed on the packaging, during the service of customers in hotels and restaurants does not violate any of the provisions of the SWM Act as this does not constitute a sale or transfer of these commodities by the hotelier or Restaurateur to its customers. The customer does not enter a hotel or a restaurant to make a simple purchase of these commodities’. The complainant has alleged that the OP has charged Rs.30/- on the Mineral Water Bottle, but perusal of the Ex.C-2, nowhere shows that this much amount was charged on the Mineral Water only. The Hon’ble Supreme Court has categorically held that neither the Standards of Weights and Measures Act, 1976 read with the enactment of 1985, or the Legal Metrology Act, 2009 would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP. The complainant has not produced on record any judgment/law to rebut the contention of the OP. Therefore, the complainant has failed to prove any deficiency in service and unfair trade practice on the part of the OP and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own case. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

14.07.2023         Member                          Member              President