Eatery charges 20 extra for water, forced to pay 20 k

​Ongole: A consumer from Prakasam district received compensation for charging him more than MRP by an eatery in Hyderabad. He won the case against Sarvi Food Court in the District Consumer Disputes Redressal Forum-II, Hyderabad, and received Rs 20,000 as compensation for charging him Rs 40 for a water bottle of MRP Rs 20.

Chidipothu Kondaiah, resident of Pedakandlagunta in Kondapi mandal in Prakasam district, went to Sarvi Food Court, opposite Care Hospital in Banjara Hills on July 27, 2015.

After having lunch with water from a Kinley packaged water bottle, he was asked to pay the bill. Going through it, he observed that the restaurant asked him to pay Rs 40 plus taxes for the water bottle where as the MRP of it is just Rs 20 inclusive of all taxes.

So he asked the manager to reduce the bill, who rejected the proposal and insisted on full payment as per the bill. After paying the bill, Kondaiah took the bill, received a receipt with the batch number of the water bottle written and signed by the manager.

Later, he approached the District Consumer Disputes Redressal Forum-II, Hyderabad, and pleaded for justice. Forum president T Simhachalam and member P Kasthuri heard the arguments of the both sides.

The counsels for the Sarvi Food Court argued that according to the principles of hospitality law, a consumer upon entering into any eatery establishment enters into an implied contract to pay the bill as per the prices in the menu card after consuming the food.

However, the forum felt that the principles of hospitality law applicable only for the food items prepared in the eatery but not on packaged goods with MRP printed on them. The forum opined that it is also against the legal metrology (packaged commodities) rules 2011.

After going through the evidences and arguments, the forum ordered Sarvi Food Court to pay Rs 20 which is collected in excess from the complainant, Rs 5,000 towards costs incurred by him to fight the case and Rs 20,000 as compensation to Chidipothu Kondaiah, through the district consumer forum.

On April 3, Kondaiah received a bank cheque for Rs 25,020 towards the compensation and expenses in the case. After winning the case, Kondaiah said, “When I asked the manager about charging excess amount than the MRP, he misbehaved with me.

I told him that I will go to the consumer forum and file a case, but he made a joke of courts and suggested that I can go to the Supreme Court after paying the bill. I suggest to all consumers to take bills for the purchases and spending and they can fight against anyone if they are forced to pay more than the MRP.”