For Complainant          :             Self.

For Opp. Party               :             Sri S. Ch. Panda, Advocate & associates.

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1.                         The brief history of the case of the complainant is that he along with his family members went to “Celebration” Cineplex, Jeypore to watch the movie “Bahubali 2” at 2.45 PM on 11.5.2017 by purchasing 6 tickets from Gold D6 to D11 from Ops and during interval, he purchased 3 Pepsi bottles of 250 ml  (MRP of Rs.15/-) each, 3 Mirinda bottles of 250 ml (MRP o Rs.15/-) each and 2 bottles of Maaza Mango of 150 ml (MRP of Rs.12/-) each from the counter of the OP.1 situated inside the Cinema Hall, as the Ops do not allow any eatables from outside.  It is submitted that the complainant was told that the cost of each cool drink bottle of 250 ml is Rs.20/- and cost of each packet of Maaza is also Rs.20/- and the complainant paid Rs.160/- for the above items against the total MRP of Rs.114/-.  It is further submitted that he approached the OP.1 to issue bill and initially the OP.1 told that they are not giving any bill but after repeated approach the OP.1 issued a bill of Rs.150/- and refunded Rs.10/- stating that by mistake they have taken Rs.20/- each for Maaza packet instead of Rs.15/- and also the OP.1 gave an endorsement to that effect on the bill itself.  Thus alleging unfair trade practice on the part of the Ops, he filed this case praying the Forum to award appropriate compensation in favour of the complainant.

2.                         The OP No.1 filed counter denying the allegations of the complainant but admitted about running of Cineplex in the Celebration Complex and he has opened a counter there in order to provide Tea, Coffee, Snacks and Cool drinks to its customers.  It is contended that the sale counter is meant for serving of snacks and cool drinks in disposal glasses by unsealing the bottles and food items to the customers and they have not issued any bill in favour of the complainant as there is no provision to issue bill in the counter.  It is further contended that at no point of time, the OP has sold sealed bottles of cool drinks to the complainant and the complainant is to prove that he had been to theatre to watch the movie on the alleged date of incident.  With these contentions, the OP prayed to dismiss the case of the complainant.  The OP.2 in spite of valid notice has neither filed counter nor participated in the proceeding in any manner.

3.                         The complainant has filed certain documents in support of his case.  The OP.1 filed affidavit.  Heard from the complainant as well as A/R for OP.1 and perused the materials available on record.

4.                         In this case watching of movie by the complainant along with his family members on 11.5.2017 (2.45 PM) at Celebration Cineplex, Jeypore is supported by copy of 6 Nos. of movie tickets from Gold D6 to D11.  Further the purchase of cool drinks bottles and packet Maaza drinks by the complainant during interval is also supported by retail Invoice No.001 dt.11.05.2017 issued by OP.1.  Thus the above documents available on record clearly establish that the complainant along with his family members had been to watch movie to Celebration Cineplex on the alleged date.

5.                         The case of the complainant is that during interval, he went to buy some soft drinks from the counter inside the cinema hall and bought 3 Pepsi bottles of 250 ml (MRP Rs.15/- each), 3 Mirinda bottles of 250 ml (MRP of Rs.15/- each) and 2 Maaza Mango packets of 150 ml (MRP of Rs.12/- each) but he was told that each bottle of 250 ml is Rs.20/- and cost of Maaza packet is also Rs.20/- each and the complainant had to pay Rs.160/- against the MRP  of Rs.114/-  Initially the OP did not grant money receipt stating that they do not issue any bill but on repeated demand, the OP.1 issued a bill of Rs.150/- and returned Rs.10/- stating that by mistake he had taken the cost of Maaza packet @ Rs.20/- instead of Rs.15/-.  The OP.1 also issued an endorsement regarding return of Rs.10/- to the complainant.

6.                         On the application of the complainant, the Legal Metrology authorities have inspected the shop premises of the Ops on 22.6.2017 and inspection report of said authorities is available on record.  It is revealed from that record that the enforcement authorities have found that the Ops are taking excess price on the packaged cooled drinks than that of MRP printed on the bottles and wrappers thereby violating the different provisions of Package Commodities Act and hence the Ops are fined a sum of Rs.6000/- by the enforcing squad for said unfair trade practice.  All such documents of Legal Metrology, Jeypore is available on record.  From the above facts it is clearly ascertained that the OP.1 has taken excess price from the complainant than that of MRP written on the bottles and packets.  The complainant stated that Ops are not allowing outside snacks and drinks to the cinema hall and the cinema hall customers are bound to buy snacks and drinks from the cinema hall outlet.  If this is the rule of the Ops, they should sell the food items in their outlet as per MRP.  By not selling the cool drinks bottles and Maaza packets as per MRP, the Ops have definitely adopted unfair trade practice.

7.                         From the above behaviour of the Ops it became crystal clear that many customers must have been charged in the same manner by the Ops as they charged to the complainant.  We have taken up this matter seriously but as this is a first noticed unfair trade practice, we are not going to impose heavy penalty on the Ops but we direct the Ops not to adopt such unfair trade practice in future. As the OPs have not challenged the rates mentioned on the bottles and packets, we hold that the rates mentioned by the complainant are correct and we direct the Ops to return Rs.30/- for 6 Nos. of cool drinks bottles and Rs.6/- for two Maaza packets totaling Rs.36/- to the complainant taken by them as extra amount.

8.                         Due to such unfair activities of the Ops, the complainant has definitely suffered mental agony and also has come up with this case incurring some expenditure.  Considering the sufferings of the complainant, we feel a sum of Rs.5000/- towards compensation and Rs.2000/- towards costs in favour of the complainant will meet the ends of justice.

9.                         Hence ordered that the complaint petition is allowed and the Ops being jointly and severally liable are directed to return Rs.36/- towards excess price taken on the commodities sold, and to pay Rs.5000/- towards compensation besides Rs.2000/- towards costs to the complainant within 30 days from the date of communication of this order failing which the entire awarded sum shall carry interest @ 12% p.a. from the date of this order till actual payment.

(to dict.)