Ensure Drinking Water Supply In Multiplex : Kerala Consumer Forum Directs PVR

The District Consumer Disputes Redressal Commission, Ernakulam (Kerala) has recently passed an order directing PVR cinemas, Lulu Mall to ensure that it supplies uninterrupted supply of drinking water to all customers during its business hours. The order was passed by a Bench of D.B. Binu (President), V. Ramachandran and Sreevidhia T.N.

The Commission was considering a consumer complaint by a person who had availed the services of PVR Cinemas by purchasing movie tickets and food items. In the complaint, it was alleged that the policy of PVR prohibiting outside food and beverages forces its consumers to purchase over-priced refreshments from the theatre, with no other alternative.

The opposite parties, namely, Manager of PVR Lulu and Managing Director, opposed the complaint. They also submitted proof showing that they provided free, RO-filtered drinking water at the theatre premises. They further told that there is no compulsion to purchase refreshments, the customers have the option of refraining to purchase them. Also, they have the option of purchasing refreshment from the food court maintained by Lulu Mall.

In the hearing note, the opposite parties said that food and beverages are only ancillary to the main purpose for which customers visit PVR, i.e., to watch movies. Moreover, prohibition on outside food is a standard and reasonable condition of entry—comparable to rules at amusement parks, stadiums, and theatres—grounded in safety, security, hygiene, and operational concerns (including limited turnaround time, the absence of airport-level screening, and risks such as alcohol, contraband, or inflammables), it was stated.

The Commission considered the question whether there was any deficiency of service or unfair trade practice by the opposite parties. It also noted that the complainant did not produce any evidence to substantiate his claims even though multiple opportunities and reminders were given. The only evidence produced by the complainant were the copies of the online ticket, policy statement of PVR cinemas and GST invoice. Therefore, it went on to decide the case based on the evidence on record.

Regarding the question of deficiency of service, the Commission found that there was no evidence on record to prove the same. To decide on the issue of unfair/restrictive trade practice, it relied on the Supreme Court judgment in K.C. Cinema v. State of J&K & Ors., wherein it was held that prohibition of movie-goers from carrying their own food and beverages inside cinema halls is "not unfair, unreasonable or unconscionable".

Considering these, the Commission observed:

"The Commission records the aforesaid statement as the undertaking of the Opposite Parties that RO-filtered drinking water shall be made available, free of cost, to all customers within the multiplex premises...Accordingly, the Opposite Parties are hereby directed to strictly comply with their undertaking and ensure the uninterrupted availability of RO-filtered drinking water to all customers during business hours within the premises. The facility shall be maintained in a clean and hygienic condition, and conspicuous notice boards shall be displayed at appropriate places within the multiplex premises informing customers of the availability of free RO-filtered drinking water, in the interest of consumers."

Thus, it dismissed the complaint.

Case No: CC.No. 416 of 2022

Case Title: Sreekanth Indukkaparakkal v. Manager/ Person in charge, PVR Cinemas-Lulu Mall

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