Forcing Customers To Buy Bottled Water Amounts To Deficiency In Service; Faridabad District Consumer Commission Orders Refund And Compensation
Pranav B Prem
The District Consumer Disputes Redressal Commission, Faridabad has held a restaurant liable for deficiency in service for refusing to provide free drinking water to a customer and compelling him to purchase packaged water. Allowing the consumer complaint filed by Akash Sharma against M/s Garden Grills 2.0, the Commission directed refund of the amount charged and awarded compensation for mental agony. The complaint was decided by a Bench comprising Amit Arora (President) and Indira Bhadana (Member). The Commission held that forcing customers to buy bottled water instead of providing free potable drinking water violates established consumer law principles and amounts to deficiency in service under the Consumer Protection Act
According to the facts of the case, the complainant visited the opposite party’s restaurant at Faridabad on June 18, 2025, for dinner along with his friends. While placing the food order, the complainant requested drinking water from the restaurant staff. He was informed by the waiter that free drinking water was not available and that customers were required to purchase bottled water if they wished to have water.
The complainant objected to this practice and informed both the waiter and the manager that compelling customers to buy packaged drinking water was illegal and contrary to applicable guidelines and directions governing restaurants and eateries. Despite this, the restaurant staff allegedly remained adamant and refused to provide free potable water. Left with no alternative, the complainant purchased two bottles of “Dasani” packaged drinking water for ₹40 under compulsion.
Alleging deficiency in service and unfair trade practice, the complainant approached the District Consumer Commission seeking refund of the amount charged, compensation for mental agony and harassment, and directions to the restaurant to discontinue the practice of denying free drinking water to customers.
The opposite party failed to appear before the Commission despite service of notice and was proceeded against ex parte by an order dated October 28, 2025. The complainant led ex parte evidence by filing his affidavit, the bill dated June 18, 2025 for the bottled water purchased, and proof of service of notice.
After examining the material on record, the Commission observed that there was nothing to disbelieve or discredit the unrebutted ex parte evidence led by the complainant. It noted that in the absence of any appearance or contest by the opposite party, the allegations made in the complaint remained unchallenged. The Commission held that compelling a customer to purchase bottled water instead of providing free drinking water amounts to deficiency in service.
The Commission further observed that restaurants are obligated to provide clean drinking water to customers and cannot compel them to purchase packaged water. In the present case, the refusal to provide free drinking water and insistence on sale of bottled water was found to be contrary to law and established consumer protection norms.
Accordingly, the District Consumer Commission allowed the complaint and directed the opposite party to refund ₹40 charged for the bottled water to the complainant. The Commission also awarded ₹3,000 as compensation for mental agony and harassment suffered by the complainant. It clarified that no litigation costs were awarded since the complainant had pursued the case in person. The opposite party was directed to comply with the order within 30 days from the date of receipt of the copy of the order.
Cause Title: Akash Sharma vs. M/S Garden Grills 2.0
Case No.: Consumer Complaint No. 518/2025
Coram: Amit Arora (President) and Indira Bhadana (Member),
