Date of filing:17.08.2016
Date of order:26.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER - II
FRIDAY THE 26THDAY OF AUGUST 2022
CONSUMER COMPLAINT NO.13/2016
G. Bharath Kumar,
Son of Govindaraj,
No: 49, Arunganthampoondi big Street,
Thottapalayam,
Vellore – 04. …Complainant
-Vs-
The Manager,
Galaxy Cinema A/C,
Muthamizh Nagar,
Katpadi,
Vellore District. …Opposite party
Counsel for complainant : Thiru. N. Nagarajan
Counsel for opposite party : Thiru. T.M. Sivakumar
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed under Section 12 of Consumer Protection Act 1986. The complainant has prayed this Hon’ble Commission directing the opposite parties to return the excess amount collected from the complainant for two cold drinks tins and to pay a sum of Rs.1,00,000/- as damages for mental agony, inconveniences, loss and hardship due to deficiency of service along with interest at the rate of 18% per annum and also to pay a sum of Rs.25,000/- towards cost of this proceedings.
1. The case of the complaintis briefly as follows:
The complainant is working as a Data Entry Operator and he is a responsible person in the society. On 31.03.2016 the complainant and his friend Mr. Arunkumar planned to go for movie of Batman Vs Superman Dawn of Justice (3D) at the opposite party Galaxy Cinema A/C. Accordingly, they took two tickets for watching the second show, of the above said movie and they were allotted premium seats namely D14 and D15. The complainant had paid a sum of Rs.150/- each for the tickets. During the interval of the movie show at 11.30 PM, the complainant went to buy two cold drinks Pepsi tin and Miranda tin both of 250 ml. The opposite party collected a cost of Rs.60/- each, totally a sum of Rs.120/- from the complainant. The complainant got shocked and enquired about the actual cost of the drinks which they collected too higher amount which is unlawful. The opposite party collected more than the double the amount or original Maximum Retail Price of the above said cold drinks, Original MRP of the cold drinks is only Rs.25/-. When the complainant questioned the same with the opposite party, the opposite party scolded the complainant and his friend very badly and ill-treated them. As per the opposite party’s direction the security person who worked under the opposite party, scolded and threatened the complainant and forced them out to go of the theatre. Further the opposite party told that they will sell all the food and snacks more than the MRP rate, no one will question the opposite party and, if they questioned they will face dire consequences, due to the illegal action of the opposite party the complainant suffered a lot of mental agony and mental worries. The complainant estimates Rs.1,00,000/- as compensation for the mental agony and ill-treatment and deficiency in service rendered by the opposite party. The complainant issued a legal notice on 13.04.2016 called upon the opposite party to return the excess amount collected Rs.70/- and compensation of Rs.1,00,000/- and same was received by the opposite party. The opposite party failed to give reply to the above said notice of the complainant. Hence the complainant filed this complaint.
2. The written version of opposite partyis as follows:
The opposite party denies all the averments in the complaint. The opposite party admitted that they have received Rs.150/- per head movie ticket fare on 31.03.2016 to see movie in their theatre. Further this opposite party told that, if this honourable commission peruse the cinema ticket issued by this opposite party to this complainant, it is clearly mentioned at the bottom of the ticket “ TERMS AND CONDITIONS APPLY IN SHORT T&C APPLY” that means any person who is allowed inside the cinema hall will be bound to obey the rules and regulations imposed by the theatre management otherwise they will be sent away from the premises as stated by this complainant himself. This opposite party further submits that the complainant has been issued ticket to see the movie named Batman Vs Superman Dawn of Justice (3D) which was screened in the cinema hall for night show on 31-03-2016. But he could not pay any amount to this opposite party for other purposes like refreshment and other items. so, it is utter false to say that this opposite party has failed to do proper service to the complainant as stated supra. This complainant has paid charges to see the movie only in the theatre of this opposite party for which the opposite party has allowed the complainant to see the entire movie from beginning to end and after watching the full movie only this complainant has left the theatre and did not make any complaint to this opposite party. This opposite party further submits that it is true that a canteen is functioning inside the premises for the benefit of the spectators who wishes to buy snacks and beverages during their stay in the cinema hall which is under the control of the contractor who take it for lease to run canteen during the cinema screening time from the theatre proprietor. It is not managed by this opposite party. The rates of the snacks and beverages are fixed by the canteen management only. The price list of the refreshments has been clearly mentioned in the display board in front of the canteen and the persons who comes to canteen to purchase the snacks and cool drinks and other items are purchasing the same after seeing the price list displayed in the premises. This opposite party further submits that after seeing the price list only the customers are buying the same and there is no compulsion that everybody should purchase the same. It is on willingness only the customers buy refreshments in the canteen. So, it is utter false to say that the canteen staffs has compelled the visitors including this complainant and his friend to pay double the price against the price mentioned in the wrapper of edible items and beverages are not at all true. It is only concocted and created one by this complainant to extract money from this opposite party which could not be an acceptable one. This opposite party further submits that as stated supra being private premises that management has right to collect excess price towards services rendered by them to the persons who enter into the premises with consent it has been accepted by the Government and permitted by it to collect service charges in excess of price mentioned in the wrapper for foods and beverages to give high class quality, service who are ready to pay the same. It is has been followed in High class restaurants and star hotels which has got approval form the government and private premises like exhibitions and theme park all over the state and country for which they pay entertainment taxes to the government for which they collect from the visitors so, the stand taken by this complainant that he was forced and compelled by the canteen staffs of this opposite party’s cinema hall to pay double the price of the cool drinks is not true. To prove the same this opposite party files the photo of the price list board which has been displayed in the canteen premises. This opposite party prays that the same may be treated as part and parcel of this written version and apart from that this opposite party files the copy of the tax details paid to the Government including the goods sold from the canteen for which he paid sales tax. It is not true for the foregoing reason the complaint may be dismissed.
3. Proof affidavit of complainant filed, Ex.A1 to Ex.A9 were marked. Proof affidavit of opposite party filed. Ex.B1 and Ex.B2 were marked. Written argument of opposite partyfiled. Written argument of complainant not filed. Oral arguments heard both sides.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what other relief, the complainant is entitled to?
5. POINT NO. 1&2: The complainant and his friend went to first opposite party’s cinema theatre for seeing the movie, movie tickets were marked as Ex. A1. The allegation of the complainant is that the opposite party has sold the cold drinks for Rs.120/- whereas original MRP of said cold drinks onlyRs.25/-. The opposite party collected an excess amount of Rs.70/- per bottle from the complainant which is illegal. On the other hand, though the opposite party has admitted that they sold the cold drinks in excess of the MRP, their defenceis that, the complainant entered the premises of the opposite party agreeing to obey the terms and conditions mentioned in the back of the tickets.Therefore, the opposite party have every right to sell the food items under their own volition. Further the price list was displayed in the canteen itself. For the customer those who are willingly purchase can purchase and have it. It is not compulsion to purchase the cold drinks, and other items from the opposite party canteen. The opposite party contented that they have the right to sellfood items over and above the MRP.They failed to produce any documents to support of their contention that they are having privileges to sell in excess of MRP. Therefore, there is an unfair trade practice adopted by the opposite party which is illegal. Therefore, we find that the opposite party selling the food and beverage items to gain illegal profit. Therefore, there is a deficiency in service on the part of the opposite party. Hence these point Nos. 1 and 2 are decided in favour of the complainant.
6. Point No.3: As we have decided in point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to refund of excess amount Rs.70/- (Rupees Seventy only) paid by the complainant for the 2 cool drinks with interest at 9% p.a. from 31.03.2016 to till date of this order and to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. Hence these point No. 3 is also answered accordingly.
7. In the result this complaint is partly allowed. The opposite party is hereby directed to refund of excess amount Rs.70/- (Rupees Seventy only) paid by the complainant for the 2 cool drinks with interest at 9% p.a. from 31.03.2016 to till date of this order and to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of receipt of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 26th August, 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 – 31.03.2016- Movie show tickets
Ex.A2 – 31.03.2016- Food court bill
Ex.A3 – 13.04.2016- Legal notice issued by the complainant
Ex.A4 - postal receipt
Ex.A5 - Respondent’s served acknowledgement slip given by
postal department
Ex.A6 - Copy of the Election Identity card of the petitioner
Ex.A7 - Photos with CD of tickets
Ex.A8 - Vanished tickets
Ex.A9 - Rate of goods bill
LIST OF OPPOSITE PARTY SIDE DOCUMENTS:
Ex.B1 - - Photo copy showing the price list displayed in the
canteen premises along with C.D and bill
Ex.B2 - - Copy of the payment of taxes paid to the government
by this opposite party
Sd/- Sd/- Sd/-
MEMBER-I MEMBER-II PRESIDENT
