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J.M.MALIK, S.M.KANTIKAR
BIG Cinemas – Appellant
Versus
Manoj Kumar – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Buddy Ranganadhan, Ms. Malavika Prasad & Mr. D.V. Raghu Vamsy, Advocates
For the Respondents:Mr. Umesh Nagpal, Advocate
For the PEPSICO:Mr. Rajeev Mehra, Sr. Advocate With Mr. Manish Jha & Ms. Shruti Aggarwal, Advocates
For the Metrology Deptt.: Mr. Sanjib K. Mohanty, Sr. Panel Central Govt. Counsel Along with Mr. E.N. Dixit, Director

ORDER

J.M. Malik, Presiding Member—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








































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