22/10/2024: Case record is put up as directed.

As the case has been proceeding exparte against the opp. party for non-contest, we intend to dispose of the same by way the following Order.

It has however to be stated that complainant has failed to file certificate u/s 65B of Evidence Act as required to prove certain evidence procured electronically by him. No evidence has also been filed on record to show that the price tag of the water bottle was Rs.20/- and not Rs.30/-.

Irrespective of above, even assuming that additional charge has been made by the opp. party, yet, when issue akin to the instant case has been settled in the renderings of the Apex Court in Appeal No.21790 of 2017 arising out of SLP(C) No.28685/2015 in the case of “FHRAI (Appellant) v. Union of India & Ors (Respondents)’observing that the learned Single Judge of Delhi High Court in Writ Petition (C) No.6517/2003 was right in holding that charging a price higher than the printed Maximum Retail Price (‘MRP’ in short) for packaged water bottles during services provided to the customers while in the hotels and restaurant, does not violate any law as the transaction consist predominantly of a service and not of a sale of drinking water and consisted of a composite charge which included incidental Charges of food, drinks etc., this District Commission in all unequivocal terms in the instant case before us has no hesitation to hold that the case lacks merit and is bound for dismissal.

The same is dismissed and disposed of accordingly.