Tripura

West Tripura

CC/14/2015

Sri. Arindam Kar. - Complainant(s)

Versus

The Proprietor, Rupashi Cinema Hall. - Opp.Party(s)

Self

06 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:   CC- 14/2015 

Sri Arindam Kar       V/S       Proprietor, Rupashi Cinema Hall
 

   __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant              : Sri Arindam Kar,
                      Advocate.                      
                                              
For the Opposite Parties        : Sri  Rakhal Majumder and
                      Sri Debasish Datta, 
                      Advocates.
                       
    
        JUDGMENT  DELIVERED  ON :-  06.01 2016.

        This case arises on the petition filed  u/s 12 of the Consumer Protection Act. Petitioner is an practicing Advocate. He filed case against Rupasi Cinema Hall after issuing Legal notice to the proprietor,  Rupashi Cinema Hall. So his grievance is against Proprietor, Rupashi Cinema Hall.  It is alleged that in  the Food outlet in side Cinema Hall petitioner purchased four cans coke at the rate of Rs.40/- per can although maximum retail price body rate was only Rs. 25/-. Opposite party Proprietor, Rupashi Cinema Hall appeared & filed  Written objection stating that there are many rented shops in the high rise multiplex building of Rupasi Cinema Hall. Those rooms are let out or leased. Those are under the control of tenants who are running business there. O.P. has no control over it.
2.        On the basis of rival contention as put forward by both the parties following points cropped up for determination.
3.        Points are as follows:-
        i) Whether the opposite party Proprietor, Rupashi Cinema Hall was involved in any unfair trade practice?
        ii) Whether petitioner is entitled to get any compensation for  any unfair trade practice by O.P?
4.        Petitioner examined one witness & also produced the cinema ticket. 
        Opposite party did not appear & produced no evidence.
5.        Therefore on the basis of evidence as produced we shall now decide the above points to settle the dispute.
6.        It is admitted & established fact that Opposite party is not seller of Coca Cola can. The seller is not made party. Petitioner heard from others that Food outlet of Rupashi Cinema Hall charges Rs. 10 extra upon the MRP. This is hearsay evidence only. On the basis of it we can not say that O.P was involved in the unfair trade practice. Demanding or selling for any amount more than MRP in any place except Hotel or Restaurant where extra service charge is taken definitely is a unfair trade practice. 
        But actual seller is to be booked not the Land lord or house owner. Nexus of the house owner in doing unfair trade practice is not established in this case. There is no evidence to prove that seller of coca cola can was servant or employee of the O.P. Therefore we can say that O.P was not involved in unfair trade practice. Petitioner therefore is not entitled to get any compensation from the O.P. However the complaint appears to be true. We are of considered opinion that Legal Meteorological Department Inspector, Legal Meteorology, Agartala should take step to find out actual seller in the Rupashi Cinema Hall  doing this unfair trade & file complaint. We also direct Petitioner & O.P to extend all sorts of cooperation to the Inspector of Legal Meteorology in this regard. 
7.        As such the case of petitioner fails. Parties are to bear their own cost.
8.        Supply copy of judgment to both parties.  Also send copy of judgment to Controller, Legal Meteorology & also Director, Food & Civil Supplies to give necessary direction to the Inspectors, Legal Meteorology.  Petition disposed accordingly.

9.                ANNOUNCED
 

 

ASHIS  PAL.
PRESIDENT 
DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM.
 WEST TRIPURA; AGARTALA.

 

 
SMT. DR. G. DEBNATH
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.