IMPORTANT POINT
Provisions of Rule 8, Order 1 of CPC do not apply to class action.

S.K. Naik, Member—This revision petition has been filed by Hotel Nyay Mandir, the opposite party no.1 before the District Consumer Disputes Redressal Forum, Bharuch (District Forum for short) against the order dated 09.01.2006 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (State Commission for short), vide which the State Commission while dismissing their appeal and also imposing a cost of Rs.6000/- on them, has upheld the finding recorded by the District Forum. The District Forum vide its order dated 18.08.2005 had allowed the complaint of the respondent/complainant and directed the petitioner/opposite party no.1 to refund the amount of Rs.22/- being the excess amount charged towards cold drinks served to the complainant and also pay Rs.5000/- and Rs.1000/- as compensation for mental agony and cost of litigation respectively. Besides, the District Forum had also directed the petitioner/opposite party no.1 to pay a sum of Rs.1,50,000/- to be deposited in a Consumer Welfare Fund within a period of 30 days.

2. Brief facts of the case, as alleged by the complainant, are that on 14.05.2003 he purchased four bottles of cold drink ‘MIRINDA’ for which the petitioner/opposite party no.1 charged excessive amount of Rs.72/- whereas the actual cost of one bottle was Rs.12.50 ps. The complainant alleged that the petitioner/opposite party no.1 ought to have charged Rs.12.50/- per bottle as it was the actual price appearing on the label of the bottle butit had charged Rs.18/- per bottle. Taking this sole ground and pleading deficiency in service the respondent filed a consumer complaint before the District Forum praying for (i) refund of Rs.22/- charged in excess from him; (ii) call for the figures of sale of cold drinks for the last three years at the place of petitioner hotel and direct them to deposit the differential amount as donation with any consumer association; (iii) 12% interest on the amount of refund; and (iv) Rs.5000/- as compensation. The respondent/complainant had also impleaded Pepsico India Holdings Pvt. Ltd. as opposite party no.2 in the array of the complaint filed by him but no relief was claimed against them. The District Forum after hearing the arguments of the parties allowed the complaint in the manner referred to above.

3. The petitioner/opposite party no.1 not satisfied with the order of the District Forum filed an appeal before the State Commission, who too did not find any merit in the same and dismissed it with a cost of Rs.6000/-.

4. Hence, this revision petition by the petitioner/opposite party no.1.

5. While Mr. B.S. Supehia, Advocate, Mr. K.K. Shukla, Advocate and Mr. Vikas Upadhyay, Advocate have appeared on behalf of the petitioner/opposite party no.1, the respondent/complainant has filed an affidavit in response to the revision petition and further in response to the notice dated 12th of August, 2009 issued by the Registry for his appearance, in which he has regretted his inability to appear before this Commission because of his “bad health and advance age”. We have accordingly heard the learned counsel for the petitioner and have perused the affidavit filed by the respondent/complainant in response to the revision petition.

6. Learned counsel for the petitioner has assailed the order of the State Commission both on facts and law. On the facts, while he does not dispute that the respondent/complainant had purchased four bottles of soft drink on 14th of May, 2003, but the drink sold was FANTA and not MIRINDA as claimed by the complainant. He further contends that the cost of each bottle of FANTA was Rs.15/- and the petitioner had charged an additional amount of Rs.3/- per bottle as service charges for the facilities which the hotel extended to the consumers. According to him, the cost each bottle of the soft drink including the service charges was prominently displayed on either side of the wall to the entry of the hotel. He, therefore, submits that the respon