Puneet filed a consumer case on 01 Dec 2017 against Origin Cinemas in the Sangrur Consumer Court. The case no is CC/398/2017 and the judgment uploaded on 07 Dec 2017.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 398
Instituted on: 08.08.2017
Decided on: 01.12.2017
Puneet aged about 37 years son of Sh. Balbir Chand Duggal, resident of Bhalla Enclave, Behind Kamal Palace, College Road, Sangrur.
…. Complainant
Versus
Origin Cinemas, Inside Fun Square, Dhuri Road, Sangrur through its Authorized Signatory.
….Opposite party.
FOR THE COMPLAINANT : Shri Vineet Duggal Advocate
FOR THE OPP. PARTY : Shri Rajnish Verma, Advocate
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
ORDER:
Sarita Garg, Member
1. Puneet, complainant has preferred the present complaint against the opposite party (referred to as OPs in short) on the ground that he alongwith his family went to the OP for watching the movie ' Manje Bistre' and purchased a water bottle from the counter of the OP who charged Rs.30/- for the same under invoice dated 24.04.2017 whereas the MRP of the said water bottle was Rs.20/-. In this way, the OP charged Rs.10/- in excess from the complainant which amounts to unfair trade practice on the part of the OP. The complainant requested the OP to refund the excess charged amount of Rs.10/- but OP did not do so. Thus, alleging unfair trade practice on the part of the OP, the complainant has sought following reliefs:-
i) OP be directed to refund the excess amount of Rs.10/- charged along with interest @18% per annum from the date of purchase till realization,
ii) OP be directed to pay to the complainant a sum of Rs.50000/- as compensation on account of mental agony, harassment,
iii) OP be directed to pay Rs.5500/- as litigation expenses.
2. In reply filed by the OP, preliminary objections on the grounds of non-joinder, suppression of material facts, cause of action and maintainability have been taken up. It is denied that the complainant himself purchased the Mineral water bottle from the OP. It is submitted that there is no mention on the bottle that it is to be given after chilling at the M.R.P. of Rs.20/- which shows that Rs.20/- is to be charged without chilling it. It is denied because at the time of sale of mini water bottle the purchaser is told that ordinary bottle is sold at MRP Rs.20/- and chilled bottle at Rs.30/-. Hence no overcharge has been obtained from the complainant. Thus, there is no unfair trade practice on the part of the OP.
3. The complainant in his evidence has tendered documents Ex.C-1 to Ex.C-5 and closed evidence. On the other hand, OP has tendered an affidavit Ex.OP-1 and closed evidence.
4. We have carefully perused the complaint, version of the Op and evidence tendered by the complainant and also heard the arguments of the learned counsel for the parties, we find that the complaint has following merits.
5. The complainant purchased a water bottle from the counter of the OP for Rs.30/- when he went there for watching movie ' Manje Bistre' at about 5:00 PM on 24.04.2017 but the MRP of the said water bottle is mentioned as Rs.20/- on it. In this way, the OP has charged Rs.10/- in excess from the complainant i.e. clear from the document Ex.C-2 and Ex.C-4 i.e copy of invoice and mineral water bottle. The complainant stated that he made efforts to convince the OP to refund the excess charged amount of Rs.10/- of the said bottle but the OP refused to refund the same. The OP has taken an objection in its written statement and affidavit that extra amount from the MRP has been charged for the mineral water bottle for the chilling process and the services given by their employees but in rebut of the written statement the complainant has said that there is no employee on the counter to give the service but by using the self service, the complainant has taken the bottle from the counter and went to the Cinema Hall. There is no glass service to drink the water. So, there is no question arises here to give the service from the employees of the OP.
6. After hearing the arguments of both the parties , we have come to the conclusion that the excess amount charged by the OP is not tenable because the MRP on the bottle is Rs.20/- and according to the Mandatory Printing of cost of production and Maximum Retail Price Act, 2006, the OP cannot charge the excess amount from the MRP of the product. The OP has cited the judgment of the Hon'ble High Court of Delhi at New Delhi WP (C) 6517/03 & WP (C) Nos.14691-16927/05 but we find it is not applicable to the facts of the present complaint . If there is a question of chilling then the same is not maintainable because the label in the bottle itself said that it had to be stored in cool places and the best when served chilled, so it does not affect on the MRP of the mineral water bottle. In rebut the complainant has cited the judgment of the Hon'ble National Commission namely D.K. Chopra Vs. Snack Bar, 2014(2) CPJ 493 wherein it has been held that a person who purchases ' redbull' energy drink while standing is not obliged to pay the fees which is prescribed for restaurant . OP cannot misappropriate money. Directions issued to OP to deposit Rs.50,00,000/- with Consumer Welfare Fund. Revision petition allowed.
7. For the reasons recorded above, we allow the complaint of the complainant and direct the OP to pay to the complainant an amount of Rs.5000/- on account of mental pain agony harassment and unfair trade practice. We further direct the OP to deposit an amount of Rs.10,000/- in the Consumer Legal Aid Account maintained with this Forum on account of unfair trade practice.
8. This order of ours shall be complied with within 30 days from the receipt of copy of the order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course. Announced
December 1, 2017
(Vinod Kumar Gulati) ( Sarita Garg) (Sukhpal Singh Gill)
Member Member President
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.