HOTEL NYAY MANDIR Vs. ISHWARLAL JINABHAI DESAI

JUDGEMENT

(1.) THIS appeal arises from order dated 18.8.2005 rendered by the learned Consumer Disputes Redressal Forum, Bharuch, in Complaint Application No. 76 of 2003 directing 1st opponent to refund Rs. 22 recovered in excess of maximum sale price of soft drink Mirinda, pay compensation in the sum of Rs. 5,000 and cost of Rs. 1,000 to the complainant and deposit Rs. 1,50,000 for Consumer Welfare Fund and display a board showing sale prices of the items (of eatables and drinks) sold in the hotel of opponent No. 1 and should not charge price in excess thereof. Learned Forum proceeded to dismiss the complaint against opponent No. 2 Pepsico India Holdings Pvt. Ltd.

(2.) FACTS of the case though run into a narrow compass provide an eye opener both for the consumers as well as for the traders.

(3.) IT was the case of the first opponent that complainant purchased soft drink known as Fanta and not Mirinda for the price of Rs. 15, which included Rs. 3 by way of service charges in excess of MRP of Rs. 12 per bottle. Upon appreciation of evidence placed on record, the learned Forum has accepted the complainants case and passed impugned order which has been subjected to challenge in this appeal by opponent No. 1.