BIG CINEMAS AND ORS. Vs. MANOJ KUMAR
LAWS(NCD)-2016-2-2
NCDRC
Decided on February 01,2016

Big Cinemas And Ors. Appellant
VERSUS
MANOJ KUMAR Respondents

JUDGEMENT

- (1.) The main question in this case, swirls around the question, "whether, a 'service provider', can charge more than the MRP fixed on the water bottle of 'Acquafina'?". The other question which falls for consideration is, whether, 'service provider' in the Cinema Halls can have MRP written, different from the ordinary shops or ordinary MRP?".
(2.) In this case, the case of Sh. Manoj Kumar, the complainant, is that MRP of an 'Aquafina' bottle is Rs.16/-. On 11.08.2012, he went to see a movie in Big Cinemas, Jaipur. He felt thirsty and purchased a bottle of 'aquafina' from counter of Big Cinemas, OP-1. The OP-1 issued Invoice and charged Rs.30/- from the complainant. The said bill 'Tax Invoice', Big Cinemas Cinestar, Reliance Mediaworks Ltd., in the sum of Rs.30/- has been placed on record as Annexure -1, which goes to show that the price of 'Aquafina' is Rs.26.09, Tax - Rs. 3.91, total being, Rs.30/-. The allegation of the complainant is that he wanted to make a complaint in the complaint book, but the same was not given to him.
(3.) The defence of the OPs is that for the bottles which are used/ sold in the Cinema Halls, the MRP is Rs. 30/-. It has purchased these bottles from Varun Bevarages (International) Ltd., (Trading Division), Vidhyadhar Nagar, Jaipur, where, the MRP has been shown as Rs.30/-, at the instance of 'Aquafina Pepsico Company'. However, there is no such proof on record. It was also contended that there are two types of MRPs, i.e., one for the Cinema Halls and the other for the ordinary people. Before the District Forum, the petitioners/OPs' defence was that they have made adequate provisions for free drinking water and the visitors in the cinema hall were not forced to purchase the water bottle from the counter. They denied the allegation that the MRP printed on the water bottle was Rs.16/-. They also denied that their staff were rude to the complainant.;


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