PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-133/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Sri. Shashi Bhushan Swain, Aged about 50 years,

S/o- Sri. Purusottam Swain,

R/O-BaidehiBhawan, Right Lane-1, Balaji Colony, Khetrajpur,

PO/Ps-Khetrajpur, Dist-Sambalpur-768003, Odisha.  ………….......Complainant.

Vrs.

The Chef (your family restaurant), The Chef Restaurant,

Plot No. 426/2260. N.B. Tower, Nayapalli,

Bhubaneswar-751010.                                                   …....……….Opp. Party

Counsels:-

1. For the Complainant         :- Sri. R.L. Sharma & Associates
2. For the O.P.                        :- Mr. P.K.Tripathy& Associates

Date of Filing:10.04.2024,  Date of Hearing :16.07.2024  Date of Judgement : 02.09.2024

Presented by Sri SadanandaTripathy, Member.

1. The Brief fact of the Complainant is that at about 2.30 p.m on dtd. 03.04.2024, the Complainant along with her daughter had been to the OP totake a lunch. The Complainant placed order i.e Masala Papad, chicken Biryani, Tandoor Roti, chicken kadai, one bottle of mineral water. The Complainant took the lunch in the said restaurant. After taking lunch, the Complainant had been to counter to pay the bill for the lunch. The OP gave bill, for Dine In: 31 and instructed to pay the same. The Complainant perused the bill and came to know that the OP has charged/bill Rs. 30/- for a bottle of mineral water though the M.R.P for the said water bottle is Rs. 20/-. The Complainant protested for excess and illegal price and requested to prepare correct bill of the items, but the OP bluntly denied and told that the OP is charging Rs. 30/- for each bottle of mineral water. With no alternative, the Complainant forced to pay the bill amount to the OP and left the OP restaurant. In general market a bottle of mineral water is ordinarly sold in Rs. 20/- to the general public and the consumers are purchasing the same on M.R.P of Rs. 20/-, so the OP has no right to charge more than M.R.P of product/a bottle of mineral water. Taking of higher price than the M.R.P of any product is unfair trade practice.
2. The Written Version of the OP is that the market price of the water bottle sold by kinley brand is Rs. 20/- however the Hon’ble Supreme Court has stated in a plethora of decisions that there exists a “service element” when the packaged goods such as water bottles and other drinks and packaged goods are sold at restaurants. The very act of ordering a water bottle in a restaurant uses the facilities of the establishment including the services rendered by the waiters, electricity expenses used for running and maintaining the restaurant and other administrative expenses. The intention behind ordering of a water bottle at any establishment/restaurant is not only purchase of the product/commodity but also to avail the services of the place. The purchase and consumption of water in the premises not only results in purchase of the product but also the enjoyment of the ambiance and the service offered by the restaurant. In the instant case also the OP has charged more than the MRP of the water bottle since it was open for consumption in the premises of the OP and subsequently it was served to the Complainant in glasses. The Complainant whilst consuming the water in the bottle not only used it as commodity but also availed the services of the establishment in the process. It is not a violation of the fair trade policies or any other law of the land.
3. From the records and evidences, it is observed that the OP has charged/bill Rs. 30/- for a bottle of mineral water though the M.R.P for the said water bottle is Rs. 20/-. The Complainant protested for excess and illegal price and requested to prepare correct bill of the items, but the OP bluntly denied and told that the OP is charging Rs. 30/- for each bottle of mineral water. In India, the maximum retail price (MRP) printed on packaged products is the legally mandated maximum price that can be charged for that item. According to the Legal Metrology Act, 2009 and related rules, it is generally not permissible for a restaurant or any other retailer to charge more than the MRP for a packaged water bottle or other pre-packaged consumer goods. Restaurants and eateries are also considered retailers under the law and are prohibited from charging above the MRP, even if it a bottled/packaged product being served to the customer. There are some exceptions, such as for goods sold in duty-free shop or for items exempted from MRP requirements. But for standard packaged consumer goods like water bottles, the MRP is the legally mandated maximum selling price. So deficiency in service and unfair trade practice found against the OP.  Accordingly it is ordered.

                                       ORDER

The O.P is directed to refund Rs. 10/- towards excess charge taken the Complainant, Rs. 30,000/- towards harassment, mental agony, deficiency in service to the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 2^nd day of Sept, 2024.

Free copies of this order to the parties are supplied.