E-Paper
Chandigarh restaurant in soup over serving hookah
The commission has directed Bargain Booze to pay ₹7,000 to a complainant, who flagged the issue of them serving hookah, as compensation for mental harassment along with ₹5,000 as litigation cost
Following repeated FIRs for serving hookah, a restaurant — Bargain Booze, a unit of GBS Hospitality Private Limited, Sector 26, has been penalised by the District Consumer Disputes Redressal Commission.
The commission has directed Bargain Booze to pay ₹7,000 to Sanjay Jangra, 37, of Dashmesh Nagar, Zirakpur, as compensation for causing mental harassment along with ₹5,000 as litigation costs.
Disposing of the complaint, the commission prohibited/restrained the restaurant from selling cigarettes/hookahs in contravention to the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, “except the trade duly licensed and registered after meeting the requirements of the aforesaid act”.
Notably, the city has a ban on serving hookah and multiple FIRs under section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code had already registered against Bargain Booze for violations in 2020 and 2021.
‘Served nicotine-based hookahs’
Jangra had moved the consumer commission seeking direction to prohibit the opposing parties from selling nicotine-based hookahs to their customers in violation of 2003 Act apart from a refund to serving him nicotine based hookah.
The complainant said he and his friends visited Bargain Booze on the evening of October 21, 2019, and noticed hookahs containing nicotine being offered to the guests coming to the restaurant under the garb of flavoured hookahs. The hookahs, he added, were being used by the guests in the common area as there was no designated separate smoking zone.
Jangra furnished a copy of the bill/invoice dated October 21, 2019, which included a ₹700-charge for flavoured mocktail night. He also provided photographs showing hookahs being used by the guests, including those under the age of 18, inside the restaurant.
Bargain Booze and GBS Hospitality Private limited were summoned through the managing director, but failed to appear and the commission proceeded ex-parte.
‘Violated the Cigarettes, Tobacco Products Act’
The district consumer commission examined the Cigarettes and Other Tobacco Products Act and noted that it clearly prohibits the sale of tobacco products to any person below the age of 18 and in a particular area.
The aforesaid act further shows there was prohibition of smoking in public places and that there was no warning board showing the health hazards of smoking on the premises.
“There was no non-smoking zone in the restaurant, the complainant has successfully proved on record the unfair trade practice and deficiency in service on the part of the Bargain Booze, for openly running the said trade without proving that they have obtained licence from the competent authority and they are required to be restrained from selling cigarettes/hookahs in contravention to the provisions of the 2003 Act, except the trade duly licensed and registered after meeting the requirements of the aforesaid Act,” the commission said.
The complainant, however, could not prove if nicotine-based hookah was served under garb of “flavoured” hookah.
