Jodhpur District Commission Holds Foresta Café Liable For Failure To Provide Regular Drinking Water, Compelling Customers To Buy Bottled Water

Brief Facts:

In 2019, Mr. Avinash Acharya (“Complainant”) visited the Foresta Cafe (“Café”) for a meal. The Complainant requested plain water from the waiter, who informed them that only mineral water was served and that it was chargeable. Subsequently, the Complainant ordered Onion-Capsicum Pizza and Chinese Bhel. He was billed a total of 273/- rupees for the order. The Complainant approached the manager of the café raising a complaint, stating that the MRP of available mineral water was Rs. 20/-, but they were charged Rs. 35/-. The Complainants didn't receive a satisfactory reply from the café. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, Jodhpur (“District Commission”).

The complainant asserted that the cafe must provide ordinary water for the convenience of customers and other individuals. He argued that the cafe failed in its duty of service by overcharging for mineral water, which is marked at Rs. 20. On the other hand, the café didn't reply to appear before the District Commission. Therefore, it was proceeded against ex-parte.

Observations by the Commission:

The District Commission, in its decision, noted that the Complainants were compelled to purchase mineral water at a price higher than the MRP due to the café's refusal to provide plain water. The District Commission noted that the café charged an excess amount of Rs. 35 for a bottle of mineral water, despite its MRP being Rs. 20.

On one hand, the District Commission has the reference to the Supreme Court's decision in the case of Federation of Hotel and Restaurant Associations of India vs. Union of India [Civil Appeal No. 21790/2017], where it was held that charging an amount higher than the MRP for items such as mineral water in hotels and restaurants is not considered unfair trade practice or a deficiency in service. On the other hand, the District Commission was faced with a secondary argument made by the Complainant that the café failed to provide regular water for customers, thereby compelling them to purchase mineral water. Keeping this in mind, the District Commission held that the establishments, including hotels and restaurants, have an ethical and legal obligation to provide free access to clean and ordinary drinking water. In this context, the District Commission held that the café's failure to offer free ordinary water to customers and instead pressuring them to purchase mineral water constituted a deficiency in service and an unfair trade practice.

Consequently, the District Commission ordered the café to refund Rs. 15/- to the Complainant and pay him compensation of Rs. 20,000/- for physical and mental distress. It was also directed to pay Rs. 2,500/- for the litigation costs incurred by the Complainant.

Case Title: Avinash Acharya and Others vs Foresta Cafe

Case No.: RBT/CC/71/2023

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