Meridian Restaurant at Punjagutta fined Rs. 25,000 for charging Rs 10 extra for water bottle from a customer

Complaint Mohammed Mohsin resident of Balanagar on July 13, 2019, went to Meridian Restaurant for supper. However, the restaurant charged Rs.10 extra on Kinley Water bottle.

The complainant alleged that instead of Rs.20 MRP, the opposite party collected Rs.30. He alleged that the attitude of the employees was very rude.

The complainant approached the Commission claiming compensation and costs.

The restaurant however denied all the allegations. The opposite party submitted that as per the judgment of Apex Court in "The Federation of Hotel and Restaurant Association of India Vs Union of India and others in civil appeal No.21790/2017, they are entitled to collect the excess amount".

The opposite party further submitted that there is no deficiency on their part and prayed to dismiss the complaint.

After examining the documents and evidence provided by both the parties, the forum observed that, the opposite party who admitted the collection of excess amount of Rs.10 on M.R.P. defended the same by relying on Apex Court Judgment.

The forum said that para 15 of Apex Court Judgment reads

"3. Applicability of chapter: - The provisions of this chapter shall not apply to:

a) Packages of commodities containing a quantity of more than 25 kg or 25 liters excluding cement and fertilizer sold in bags up to 50 kg and,

b) Packaged commodities meant for industrial consumers or institutional consumers. Explanation: - For the purpose of this rule: -

(i) "Institutional consumer" means the institution who buy packaged commodities directly from the manufacturer for use by that institution".

"The opposite party relies on the above judgment and did not file any proof to show that it will come under the purview of institutional consumer. Moreover, the opposite party also failed to establish that it purchased the commodity i.e., Kinley mineral water bottle directly from the manufacturer" said the forum.

The forum also added in the absence of any clarification as observed by the apex court they cannot interpret the apex court judgment in the particular case in hand. "We are under the considered view that the order of the apex court was misinterpreted as per their convenience and as such the point is answered accordingly in favor of the complainant," said the forum.

The forum ordered the restaurant to refund Rs.10 collected from the complainant together with interest at 12 percent from 13 July 2019 till the date of realization. The forum also asked to pay an amount of Rs.20,000 towards compensation for causing inconvenience and mental agony to the complainant and pay Rs.5000 towards costs of litigation.