DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 273 of 17.7.2017

                                      Decided on:                    2.11.2017

Kulwinder Singh son of Gurdeep Singh R/o Village Balial, Tehsil and District Sangrur.

                                                                   …………...Complainant

                                      Versus

Hotel Adarsh Palace, Patiala Road, Samana, through its Manager.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                      Sh.Kulwinder Singh, complainant in person.

                                      Opposite party ex-parte.                                     

 ORDER

                                        SMT.NEENA SANDHU, PRESIDENT

Sh.Kulwinder Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.). The brief facts of the complaint are as under:

6.       The complainant has contended that on 18.6.2016, when he and his friend namely Gurdarshan Singh were on the way from Patiala to Samana, they stopped their car at the restaurant of the OP and ordered for snacks alongwith two bottles of water and soda. The OP charged  Rs.30/- for the water bottle purchased by him from it, whereas the M.R.P. of the said bottle was Rs.20/-. It is further contended that by charging more amount than the M.R.P. mentioned on the bottle, the OP has not only committed deficiency in service but has also indulged in to unfair trade practice. In the case of Federation of Hotels and Restaurants Association of India and others Vs. Union of India and Others AIR 2007 Delhi 137, the Hon’ble High Court of Delhi, on identical facts,  by relying upon  the judgment  of the Hon’ble Supreme Court of India, in the case of State of H.P vs. Associated Hotels of India AIR 1972 SC 1131,   held that  charging for mineral water in excess of M.R.P. printed on the packaging, during the service of customers in  hotels and restaurants does not violate any of the provisions of the standard of Weights and Measures Act,1976, as this does not constitute a sale or transfer of these commodities by the hoteliers or restaurateurs to its customers. The customer does not enter a hotel or a restaurant for  a simple purchase of a commodity(ies) but his/her intention is also to enjoy the ambiance and comfort provided . In Appeal No.145 of 2016, titled as Brooklyn Central Vs. Jagvir Singh, which was decided on 28.6.2016, the Ho’ble State Consumer Disputes Redressal Commission U.T. Chadigarh, has also held in the same manner. Thus, in view of the  law laid down by the Superior Fora , we hereby dismiss the complaint, without any order as to costs. Certified copy of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:2.11. 2017      

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER