Punjab

Faridkot

CC/17/303

Hardeep Singh - Complainant(s)

Versus

Hotel Blue Hill - Opp.Party(s)

Loveleen Sharma

13 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C.C. No. :                      303 of 2017

Date of Institution:             7.09.2017

Date of Decision :            13.03.2019

 

Hardeep Singh aged about 30 years son of Lachman Singh resident of VPO Jai Singh Wala, Tehsil Bagha Purana, District Moga.

...Complainant

Versus

Hotel Blue Hill, Faridkot Road, Kotkapura, Tehsil Kotkapura, District Faridkot through its Manager/Proprietor.

                                            ....Opposite parties

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Smt. Param Pal Kaur, Member.

 

Present:      Sh Loveleen Sharma, Ld Counsel for complainant,    

                  Sh Amit Gupta, Ld Counsel for OP.

* * * * * * * * * *

ORDER

(Ajit Aggarwal, President)

                           Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops for forcing complainant to purchase bottled water on more than MRP and for seeking directions to OP to pay

 

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Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses.

2                                         Briefly stated, the case of the complainant is that on 4.06.2017, complainant alongwith his friends went to hotel of OP and ordered for some items. Complainant ordered for water, but waiter brought the bottled water. He asked waiter to bring water in jug, but he replied that there is no availability of RO water in their restaurant. On request of complainant and his friends to Manager for fresh clean water, Manager also replied that they have to purchase the bottled water and then, complainant had to purchase the bottled water under compulsion. After  taking food, complainant asked for bill, but OP did not issue them bill and thereafter, on several requests by complainant, OP gave him bill and it was noticed by complainant that in said bill OP charged rate of bottled water as Rs.25/-though its MRP for Kinley is Rs.20/-. OP levied excess price than the MRP and it is pertinent to mention here that no tax can be levied on the item printed MRP. Complainant issued legal notice to OP to which OP gave false reply. Charging of excess price than the MRP is a trade mal practice on the part of OP and it amounts to deficiency in service on their part.  Act of OPs in charging excess price over printed MRP by OP and in not providing clean water in jug to complainant and his friends has caused huge harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.

 

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3                                             The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 14.09.2017, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                        OP filed reply through counsel wherein took preliminary objections that complainant does not fall under the definition of consumer and there is no deficiency in service on their part. It is averred that lengthy evidence required in present case which is not possible in summary proceedings of this Forum. It is further averred that complainant has not come to the Forum with clean hands and has suppressed the material facts from this Forum and moreover, this Forum has no jurisdiction to hear and try the present complaint. However, on merits OP have denied all the allegations of complainant being incorrect and asserted that complaint filed by complainant is false and frivolous and is based on baseless allegations. They have denied all the allegations of complainant being concocted ones and asserted that 4.06.2017 several customers visited their hotel and complaint does not disclose the name and number of guests. It is submitted by ld counsel for OP that filtered water in jugs is used to place on each table before the arrival of customers for quick service and mineral water is supplied only on demand. It is brought before the Forum that RO has been installed in hotel premises and fresh filtered water is supplied to every customer for better services. Story put forward by complainant is false and concocted one as answering OP serve mineral water of ‘Catch’ brand and not of Kinley and thus, there is no question of charging excess amount from complainant than the MRP. It is asserted

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that prices of every item are displayed in Menu and it is an offer to sale and every customer is free to choose the offer of his choice and to purchase a product if he likes. Alleged batch number mentioned by complainant are also after thought and wrong ones. It is further averred that prices paid in hotels also include the satisfactory services rendered by them and enjoyment of ambience by customers and hotels/ restaurants and bars are not in parity with the retail shop. All the other allegations of complainant are totally wrong and incorrect. It is further averred that they always supply clean and filtered water to their customers and it is wrong that they ever compelled their customers for purchasing mineral water bottles and moreover, they never charged any mineral bottle beyond the MRP rate. It is reiterated that there is no deficiency in service on their part. All the other allegations are denied being wrong and incorrect and prayed for dismissal of complaint with costs.

5                                                      Parties were given proper opportunities to produce evidence to prove their respective case. Ld counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-3 and then, closed the evidence.

6                                                                  To controvert the allegations of complainant, ld counsel for OP tendered in evidence affidavit of Rajat Chawla as Ex Op-1, affidavit of Rajinder Kumar Ex OP-6, affidavit of Sanjay Monga Ex OP-7 and documents Ex OP-2 to Ex OP-5 and then closed the evidence on behalf of OP.

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7                                                   From the careful perusal of record and after going through evidence and documents produced on file by complainant as well as OP, it is observed that case of complainant is that he alongwith his friends went to the restaurant of OP and at that place, employees of OPs served them sealed water bottles and on request of complainant for clean water in loose form, they refused to provide the same asserting that they do not have such water and water only in sealed bottles is available with them and also humiliated complainant and his friends. Complainant had to purchase the water bottle from them and even in bill, OP charged price of Kinely water bottle more than the rate printed over it i.e they charged Rs.25/-against the MRP price of Rs.20/- for Kinley water bottle. OP levied excess tax over it and despite repeated requests by complainant, OP did not accept his genuine request for not charging more than the MRP rate. All this amounts to deficiency in service and has caused harassment to them. In reply, OP denied all the allegations of complainant being concocted ones and asserted that they always provide fresh, clean and filtered water to their customers and never compel them to purchase mineral water bottles and moreover, they never sell any water bottle beyond its prescribed MRP. All the  other allegations are also denied being wrong and incorrect and prayed for dismissal of complaint with costs. Plea taken by OP is that they use the brand ‘Catch’ for water bottles and they never use ‘Kinley’ bottles for water purpose and moreover, RO System has been installed in their hotel and fresh, filtered and clean water is supplied to all customers and moreover, filtered water is used to place on tables in clean jugs for quick and better services.

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8                                                       Grievance of complainant is that OP did not supply them fresh clean water, rather forced them to purchase their mineral water bottle on exorbitant rate and even OP charged excess charges for Kinley water bottle beyond its MRP. From the bill Ex C -2 it is not clear that OP charged Rs.25/-for Kinley water bottle and it is pleaded by OP in their written statement they do not use the brand Kinley rather use ‘Catch’ for mineral water. Further from the perusal of document Ex C-5 which is menu indicating the prices of beverages and other food items, it is evident that price of mineral water indicated in it is Rs.25/-and in it also it is not written that cost price of Kinley water bottle is Rs.25/-. Ld Counsel for OP placed reliance on citation given by Hon’ble Supreme Court of India in Civil Appeal No.21790 of 2017 titled as Federation of Hotel and Restaurant Associations of India Vs Union of India and Ors with C.A.No.21791 of 2017 wherein it is observed that a customer does not enter a hotel or restaurant for the purpose of purchasing commodities, because purpose of entering a hotel or restaurant is not to make purchase a bottle of water or a beverage, rather his direct purpose in doing so would clearly travel to enjoy the ambience available therein and incidentally to order any article for consumption. It is 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.

9                                                    From the above discussion and keeping in view the evidence produced by parties, this Forum is of considered opinion that there is

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no deficiency in service on the part of OP in providing services to complainant. Therefore, present complaint is hereby dismissed being devoid of any merits. However, in peculiar circumstances of the case, there are no orders as to costs.  Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 13.03.2019

(Param Pal Kaur)                  (Ajit Aggarwal)  

          Member                               President