ORAL ORDER

Per Justice Mr.S.B. Mhase, Hon’ble President

          Heard Mr.S.S. Kalke, Advocate for the appellant and Ms.Geetanjali Kulkarni, Advocate for respondent No.2.  None present for respondent No.1.

2.       Order dated 30/08/2010 passed by District Forum, Thane in consumer complaint No.708/2009 is challenged in this appeal by original opponent No.1-Hotel Ratna Park.  By this order, the appellant was directed to refund an amount of `36/- which he had taken from the original complainant in excess of maximum retail price of Aquafina Drinking Water Bottle.  Appellant was also directed to pay to the Respondent/Complainant an amount of `10,000/- for mental agony and `5,000/- as costs of litigation. 

3.       There is no dispute over the fact that the appellant has sold the bottle for a price more than price printed on the Aquafina Bottle and thus, he has recovered `36/- in excess of maximum retail price.  Therefore, we do not find any substance in the main matter.  The only grievance of Learned Counsel for the appellant is that the amount of `10,000/- which has been directed to be paid for mental agony is an exorbitant.  We are not in agreement with him.  The appellant is recovering such type of excess money from several customers as a regular practice and, therefore, it is only one of such customers who had approached the District Forum.  On the contrary, for a paltry amount of `36/- normally the parties do not approach the District Forum.  However, this complainant approached the District Forum and, therefore, such unfair trade practice adopted by the Appellant has come to light.  Therefore, we are in agreement with the District Forum which imposed an amount of `10,000/- by way of compensation for mental agony.  We do not find any substance in the appeal.  On the contrary, we further direct that appellant shall not henceforth sell packed drinking bottle at a price more than the maximum retail price.  We hold accordingly and pass the following order:-

                   -: ORDER :-

1.       Appeal stands dismissed.

2.       Appellant is hereby directed not to sell packed drinking bottles at a price more than maximum retail price printed on the water bottle.

3.       In the given circumstances, parties to bear their own costs.

4.       Copies of the order be furnished to the parties.

Pronounced

Dated 20^th March 2013.