PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                           CONSUMER COMPLAINT NO. 155/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sasanka Shekhar Majhi,

S/O-Late S.C. Majhi,

At-Binakhandi, Near Mausi Maa Temple, Kacheri Road,

PS/Dist-Sambalpur-768001, Odisha.                                             ….…......Complainant.

                                    -Vrs.-

The Manager, Harjit Hotel and shopping Pvt. Ltd.

At-Ashoka Talkies Road,

Dist-Sambalpur-768001.                                                         …………........Opp.Party

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra
2. For the O.P.                        :- Sri. S.N.Panda & Associates

Date of Filing:30.09.2023,Date of Hearing :30.01.2024,Date of Judgement :11.03.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant and his family visited the O.P. Hotel on 24.09.2023 for diner. Around 7.30 P.M. onwards ordered different dishes including mineral water 1ltr pack for drinking. After dinner it was seen that the O.P. charged Rs. 35/- for water bottle although maximum Retail Price in bottle shown as Rs. 20/-. The O.P. in reply stated the price is same for all the customers. Being aggrieved complaint has been filed.
2. In reply the O.P. submitted that the complaint is not maintainable. As per order placed as per menu materials were supplied to the Complainant including mineral packaged bottle water. As per principal and policy of the hotel every visitor ask the supply boy whether to have free aquaguard normal water or mineral(packaged) water as per their choice. The manager never misbehaved the Complainant. Price has been charged as per menu chart. The standard of weights and measures (packed commodities) Act and Rules not applicable to the guests in the O.P. premises for the service rendered. The case is a vexatious claim. No deficiency in service or unfair trade practice made by the O.P.
3. Perused the tax invoice filed by the Complainant. On 24.09.2023 the O.P. issued the receipt is not denied. The O.P. has taken Rs. 830/- to-wards dishes supplied including packaged water one bottle amounting to Rs. 35/-. The total cost of food and water came to Rs. 790/- and thereafter GST taken. After taxation the bill became Rs. 830/-. It means printed rate of water Rs. 20/- in its place Rs. 35/- has been collected and thereafter tax on water bottle was taken.

The O.P. has filed the price menu list only wherein prices of food items have been reflected and price of water bottle not exist.

4. The contention of OP is that as per ratio in Federal Hotel & Restaurant Association of India. Vs. Union of India & others in Civil Appeal No. 21790 & 21791 of 2017 the standards of weights and measures (Packaged Commodities) Act & Rules are not applicable as to price and quality and to institutional consumers as in hotel and restaurants sale of mineral water are made above the M.R.P. Learned advocate for O.P. submitted that sale of packaged mineral water is a composite agreement in hotel and restaurant as sale of food and drink are also there and service part is there. The Standards of Weights and Measures Act, 1976 and Legal Metrology Act, 2009 are not applicable in sale of mineral water in hotels and restaurants.

Learned counsel for Complainant submitted that MRP on pre-packaged commodity is inclusive of all taxes than can not be levied from the consumer including G.S.T. The O.P. has collected two times GST from the Complainant.

As per citation submitted by the O.P. the standards of Weights and Measures Act and the Legal Metrology Act, 2009 is not applicable. On this score the Complainant can not take the plea that for Rs. 20/- price to-wards water 1 ltr bottle the O.P. charged Rs. 35/- is not proper. In the other hand as per Legal Metrology(Packaged Commodities) Rules, 2011 the MRP includes all the taxes. It means the O.P. is not authorised to take further taxes of any kind on packaged commodities. The tax laws are very clear there should not be any double taxation. In the instant complaint the OP collected GST on Rs. 35/- packaged drinking water which is illegal and exploitation to a consumer. Accordingly, excess pricing in the curtail of taxation has been made which proves the unfair trade practice and deficiency in service of the O.P.

Accordingly it is ordered:

ORDER

The Complaint is partly allowed. The O.P. is directed to refund the GST+CGST amount i.e. (2.5%+2.5%) on the amount Rs. 35/- with 12% interest w.e.f. 24.09.2023 till date to the Complainant. For deficiency in service and unfair trade practice the O.P. is directed to pay Rs. 30,000/- compensation and litigation expenses of Rs. 10,000/-. In case of non-payment within one month the entire amount will cover 12% interest P.A. from date of filing till realisation.

Order pronounced in the open court on 11^th day of March 2024.

Supply free copies to the parties.