The Managing Directors/CEO's/Owners/Director/Partners/General Managers
All Members of FHRAI
CC: Executive Committee Members of FHRAI
All Regional Associations
President FHRAI
Sub: Hotels & Restaurants are allowed to charge more for Bottled Water
Dear Member,
Greetings from FHRAI!!
I am pleased to inform you that the Hon’ble Supreme Court of India has delivered a judgment on 12th December, 2017 in the Special Leave Petition filed by FHRAI that Hotels & Restaurants can sell bottled water and other packaged products above the MRP as they render a service and can not be governed by Legal Metrology Act.
The Court further upheld that the customer does not enter a hotel or a restaurant for simple purchase of the bottled water and other packaged products. It was further said that if a client would order nothing beyond a bottle water or a beverage for this, his direct purpose is very clear to travel to enjoy the ambience of the hotel.
The Court confirmed the earlier judgment pronounced on 5th March, 2007 by Single Bench of High Court of Delhi that charging price above MRP on bottle of Mineral water and other packaged commodities while serving to the Guest/customer, Hotel & Restaurant does not violate any provision of the Standard of Weights and Measurers Act.
I am enclosing the News-item published in the press “The Economic Times” New Delhi dated 13th December, 2017 for your perusal.
A detailed judgment would be circulated among all members of FHRAI as soon as it is pronounced by the Hon’ble Court.
Thanking you and with regards,
Yours sincerely,
Garish Oberoi
President
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The Federation of Hotel & Restaurant Associations of India
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