new delhi the delhi high court has granted relief to delhi gymkhana club by holding that it can sell beverages and refreshment to customers at a price higher than the mrpallowing the clubs petition justice geeta mittal said consumption of any refreshment or beverage by a member or a guest at a club would not bring him within the definition of the consumer and quashed the proceedings before the consumer court and its notice against the club in 2006 by extension hc clarified that the standard of weight and measuresswm act do not apply to the club as it is neither a hotel nor a restaurantin its petition the club challenged the consumer dispute redressal forums notice on a complaint filed by one of the club members harish tripathy alleging the club was charging more than mrp for a bottle of water or cold drink even though the members paid a monthly sum as feethe service rendered by the club in making available to its membersguests food items and beverages packaged or in any other form for their convenience and consumption in a comfortable atmosphere provided at the premises of the club cannot be treated as a sale the court concluded agreeing with the club that a customer was not just consuming a drink but also availing the facilities like air conditioning interior decoration etc the club argued that it needed to levy extra charges to hire a staff and train them pointing out that the sale of commodity is just incidental to the real service rendered