Statement on Price of Water
It is further held by the National Commission that mere availability of drinking water from the cafeteria will not be sufficient to enforce prohibition of carrying drinking water inside the cinema hall. If the drinking water is available for purchase from the cafeteria of the cinema hall, that will not be enough, considering the high cost of the drinking water sold there. The huge profit that the cafeteria makes on sale of drinking water will obviously be shared with the owners of the cinema halls, in the form of license fee for the cafeteria. If the owner of the cinema hall himself is running the cafeteria, the entire profit from sale of drinking water, at such an exorbitant price, will obviously go to him.
In the context of the case being discussed here, the Commission stated that drinking water was actually not available on the day when the complainant was not allowed to carry water inside the hall. No evidence was given by the petitioner to prove actual availability of free-of-cost drinking water for the complainant on the said date.
Pronouncing the final verdict, the Commission upheld the judgement of the State Commission and held the cinema hall deficient in providing services. However, it waived off the partial order for depositing Rs 5,000 in the consumer welfare fund. Apart from that, the compensation and the litigation fee had to be paid to the complainant.