LAWS(NCD)-2024-1-45

VARAHAGIRI JAGANNADHA SWAMY Vs. PADMAPRIYA & PRIYA THEATRES

Decided On January 12, 2024
Varahagiri Jagannadha Swamy Appellant
V/S
Padmapriya And Priya Theatres Respondents

JUDGEMENT

(1.) This Revision Petition has been filed by Complainant Varahagiri Jagannadha Swamy under Sec. 21(b) of the Consumer Protection Act, 1986 against the impugned Order dtd. 6/11/2019 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh in F.A. No. 523 of 2016, vide which the Appeal filed by the Petitioner was dismissed and the Order of the Ld. District Forum dismissing the Complaint was affirmed.

(2.) The factual background, in brief, is that the Complainant and his wife visited Sri Padmapriya Theatre on 24/3/2012; Anand Theatre on 3/11/2012; revisited Anand Theatre on 28/4/2013, and also attended a movie at Sangeet Theatre on the same date. Throughout these visits, food items like cold drinks, chips, and biscuits were sold at prices exceeding the Maximum Retail Price (MRP) by 15% to 20%. When the Complainant questioned these inflated prices, he was met with adamant responses from the sellers. On 5/11/2012, a Complaint was lodged with the Respondent No. 6. On 10/12/2012, an RTI Application was submitted to D.R.O-cum-P.I.O. However, no response was received from the Respondent No. 6. Consequently, an appeal was made to the District Collector. The core grievance raised by the Complainant pertains to the prohibition on theatre audiences from purchasing items at MRP rates from outside the theatre during the show or intermission, thereby restricting their freedom of choice. Moreover, theatre proprietors are collecting parking charges from visitors without lawful authority. Feeling aggrieved by the unfair trade practices of escalated food prices within the theatres, limitations on movement, and unjustifiable parking fees, he filed his Complaint before the Ld. District Forum, Kakinada.

(3.) The District Forum vide its Order dtd. 1/8/2016 dismissed the Complaint. The Petitioner filed his Appeal before the State Commission, which, vide the impugned Order dtd. 6/11/2019 affirmed the Order of the Ld. District Forum.