M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)

FA No.1100 / 2019.

Director,

South City Mall,

Kolhi Poli Pathar,

Gwari Ghat Road,

Jabalpur, (M.P.).

…. APPELLANT.

Versus

P. D. Bakhale,

s/o Late Shri D. R. Bakhale,

R/o 44, Sunflower,

Sukh Sagar Valley, Gwari Ghat Road,

Jabalpur (M.P.).

…. RESPONDENT.

BEFORE:

HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT

HON’BLE SHRI SHYAM SUNDER BANSAL, MEMBER

HON’BLE DR. SRIKANT PANDEY, MEMBER

COUNSEL APPEARING FOR THE PARTIES :

MS. NARGIS KHAN, LEARNED COUNSEL FOR THE APPELLANT.

SHR B. P. YADAV, LEARNED COUNSEL FOR THE RESPONDENT.

O R D E R

(Passed on 04 /05 / 2022)

The following order of the Commission was delivered by Shantanu S.

Kemkar, J :

The appellant / South City Mall, Jabalpur has filed this appeal challenging

the order dated 10.5.2019 passed by the District Consumer Disputes

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Redressal Commission, No.2 Jabalpur (for short the ‘District Commission’) in CC

No.305/2015 whereby the District Commission has allowed the complaint filed by the

respondent and directed the appellant to refund the cost of two breakfast coupons

amounting to Rs.60/-. In addition Rs.5000/- has been awarded towards mental agony

and Rs.2000/- towards costs. It has also been directed that if the amount is not paid

within one month it shall carry interest @8% p.a.

2.

Brief facts necessary for disposal of this appeal are that the respondent /

complainant claiming himself to be aged 72 years stated that he alongwith his wife went

to the Cinema Hall of appellant - Mall, for watching morning show of a movie. At the ticket

window the employee of the appellant apart from recovering Rs.160/- towards two tickets

for watching the movie also recovered amount of Rs.60/- from him for two coupons for

breakfast. According to the respondent / complainant he had protested for purchase of

the said coupons of breakfast but was informed that if breakfast coupons are not

purchased the entry in the Cinema Hall will not be allowed. In the circumstances he had

no option but to accept the coupons with tickets. The appellant stated that in the interval

against the said coupons two samosas (one samosa for each coupon) were given to him.

It is also his case that the samosa’s were of substandard quality. He also stated that on

eating the samosa his wife became sick.

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3.

Aggrieved by the aforesaid illegal recovery of amount of Rs.60/- towards

breakfast coupon by making it compulsory for getting entry in the Cenima Hall, the

respondent had filed the complaint against the appellant seeking refund of the amount

illegally recovered from him with Rs.20,000/- for physical agony and Rs.20,000/- for

mental agony with costs and other relief as may be deemed fit.

4.

The appellant herein on being noticed by the District Commission filed reply

and stated that beside the ticket window a notice was displayed in which it was clearly

mentioned that the breakfast coupons for Rs.30 each are required to be purchased in

addition to purchase of tickets for getting entry in the Cinema Hall. It is also stated that it

was the choice of the customer either to purchase the tickets with coupons and watch the

movie or not. It is also stated that the breakfast was provided at a concessional price

than regular price. It is also the case of the appellant / opposite party that in the morning

show breakfast coupons of Rs.30/- each was made compulsory and it was not a hidden

condition and was clearly mentioned in notice which was displayed beside the ticket

counter. It is also the case of the appellant that the complainant did not purchase cinema

tickets alternatively it is stated that if the appellant and his wife were not interested in

snacks / breakfast by paying extra amount of Rs.30/- each they should not have

purchased the Cinema Hall tickets and should have gone to some other cinema hall to

watch the movie.

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5.

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