IMPORTANT POINT
In cinema hall, alternative arrangements for supply of free, pure and potable drinking water to the cinema goers has to be made if water supply through water coolers is not available.

ORDER (ORAL)

V.K. Jain, Presiding Member—The complainant / respondent No.1 allegedly visited a Multiplex in Vijayawada to watch a film. In the theatre, a bottle of Kinley water was sold to him for Rs.50/-, a 400 ml Minute Maid pulpy orange was sold to him for Rs.60/- and a cane of Diet Coke was sold to him for Rs.100 though the regular price of these products was Rs.20/-, Rs.30/- and Rs.30/- respectively. He therefore, alongwith Consumer Guidance Society, filed a consumer complaint, alleging that the petitioners were indulging in unfair trade practice, besides violating the provision of Legal Metrology Act, 2009.

2. The complaint was resisted by the petitioners who interalia stated in their reply that the water and beverages sold in the theatres were specially manufactured and packed for sale in the theatres and they were selling the same at the MRP printed on such packages. It was also stated by them that the viewers were under no compulsion to purchase in the theatres.

3. The District Forum disposed of the consumer complaints with the following directions:-

“1. The opposite party No.4 (Multiplex) have to refund the excessively charged Rs.130/- with an interest of 9% from the date of complaint to the complainant No.1.

2. The opposite parties 1 to 3 jointly (i.e. cold drink Companies) pay Rs.5,000/- as compensation to the complainants.

3. The opposite parties 1 to 3 (i.e. cold drink companies) are to pay Rs.5,00,000/- to the State Consumers Welfare Fund as penalty for formulating and implementing the Dual MRP and in the process for earning huge illegal profits.

4. The opposite party No.4 (Multiplex) is directed to make available in their premises. Acquafina, Kinley and Bisleri, etc., the products of opposite parties 1 to 3 (i.e. cold drink companies) for sale at the rates that are prevalent in the general market so that the right to choose by the consumers is respected. In accordance with Rule 6 of legal metrology, price list has to be prominently displayed with the details pertaining to Manufacture’s name and address, weight/quantity, month of manufacturing with year and MRP, etc. which can be visible to consumers.

5. The opposite party No.4 (Multiplex) shall provide free drinking water facility at more accessible places for convenience of consumers.

6. The opposite party No.4 (Multiplex) shall allow the consumer to carry packaged water, cold drinks and eatables into the multiplex.

7. The opposite party No.5 (Controller, Legal Metrology) shall enforce all the said measures which are meant for opposite party No.4 (Multiplex) upon all other Multiplexes and cinema theatres though they have not been made parties in the present complaint.

8. The opposite party No.5 (Controller, Legal Metrology) shall ensure that the multiplex cinema theatres throughout the state shall display the boards comprising the details of the Officer responsible for the redressal of the disputes pertaining to weights and measures with his mobile number, whatsapp or email id prominently visible to the consumers.

9. The opposite party No.5 (Controller, Legal Metrology) shall ensure by taking appropriate action, that all the packaged commodities which are on sale shall carry all the details as described under Legal Metrology (Package Commodity) Rules, in all the multiplex cinema theatres throughout the state.

10. The opposite party No.5 (Controller, Legal Metrology) shall register the complaints in every district regarding the Dual MRP and accordingly take action within the stipulated time frame and he is to maintain all the records for examination.

The opposite parties 1 to 5, Cold drink Companies, Multiplex, Controller, Legal Metrology are hereby ordered to comply with above orders within two months from the date of order.”

4. Being aggrieved from the order passed by the District Forum, the petitioners approached the concerned State Commission by way of appeals. The said appeals are still pending. The only grievance of the petitioners in these petitio