16th January, 2019
The Managing Directors/CEO's/Owners/Director/Partners/General Managers
All FHRAI Members
CC: All Members of the Executive Committee
All Regional Associations
Sub: Hotels & Restaurants are allowed to charge more for Bottled Wate
Dear Member,
Greetings from FHRAI.
FHRAI is pleased to inform all its members that Bombay High Court in Writ Petition No. 2548 of 2017 has upheld that any transaction in a Hotel / Restaurant, whether sale or by way of service, is beyond the purview of the Legal Metrology Act.
As you all are aware that Hon’ble Supreme Court of India had also 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 cannot be governed by Legal Metrology Act.
Copy of Hon’ble Bombay High Court Judgment dated 13.08.2018 which is uploaded on 22.12.2018 and Hon’ble Supreme Court Judgment dated 12.12.2017 is attached herewith.
Submitted for your information please.
With kind regards,
Rahul Lall
Secretary General
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The Federation of Hotel & Restaurant Associations of India
Regd. Off.: B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi - 110 001
Tel.: 011-40780780, Fax: 011-40780777
Email: fhrai@vsnl.com, Website: www.fhrai.com