Punjab

Ludhiana

CC/17/815

Gurbir Singh - Complainant(s)

Versus

Basant Food Plaza - Opp.Party(s)

13 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

                                                         Complaint No: 815 dated 08.11.2017.                                                                          Date of decision: 13.08.2018

Gurbir Singh son of Baldev Singh r/o H.No.9529, St. No.4, Chander Lok Colony, Rahon Road, Ludhiana.                                                                                                                                                                                ..…Complainant                                                  Versus         

Basant Food Plaza B-XX/3072/1, Gurdev Nagar, Ludhiana through its authorized signatory or representative.

Opposite party 

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

QUORUM:

SH.G.K.DHIR, PRESIDENT                                                                                     SH. VINOD GULATI, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.S.K.Rajput, Advocate                                    

For OP                           :         Ex-parte.

PER G.K.DHIR, PRESIDENT

1.                Complainant along with his two friends after visiting Food plaza of OP ordered for three Veg. thalies and a mineral water bottle. In the Menu, price per veg. thali is mentioned as Rs.120/-, but Op charged Rs.200/- per veg. thali. Even it is claimed that on the mineral water bottle, excess amount than the MRP charged. Complainant under compelling circumstances had to pay that amount because he had already taken the meal. It is claimed that Rs.245/- is charged in excess, which amounts to an unfair trade practice and as such, this complaint field for seeking compensation for mental harassment and agony of Rs.4 lac along with litigation expenses of Rs.22,000/-. Complaint alleged to be filed after serving legal notice.

2.                  OP is ex-parte in this case.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Ex. C1 to Ex.C4 and even tendered affidavit Ex.C2 of    Sh.Kailash Sharma and then evidence was closed by counsel for complainant.

4.                Written arguments not submitted, but oral arguments of counsel for complainant heard. Records gone through carefully.

5.                Complainant has placed on record Menu Ex.C2 of OP concern showing the rate of vegetable thali as Rs.120/-, but of Non-veg thali as Rs.175/-. Invoice dated 23.09.2017 Ex.C1 is also produced on record for showing that Rs.200/- per veg.thali charged along with Rs.25/- for mineral water bottle. Three Veg. thalies were purchased by the complainant and as such, it is obvious that Rs.240/-, i.e. Rs.80/- per veg.thali was charged by OP in excess of rate mentioned in the Menu. Charging of Rs.240/- for three veg.thalies in excess of the rate mentioned in the Menu certainly is an unfair trade practice. However, complainant unable to show as to what is the rate of mineral water bottle mentioned in the Menu and nor any material produced on record to show as to what is the MRP of the mineral water bottle. Being so complainant is unable to show that any amount in excess of MRP charged for mineral water bottle. Act of charging Rs.240/- in excess of price mentioned for  veg. thali in the Menu is an act of unfair trade practice and as such, complainant suffered mental agony and harassment and stood dragged to this litigation, due to which, he is entitled for refund of excess charged amount with interest @6% per annum and also to compensation for mental agony and harassment as well as litigation expenses, but of reasonable amount.

6.                Therefore, as a sequel to the above discussion, complaint allowed ex-parte with direction to OP to refund the excess charged amount of Rs.240/- with interest @6% per annum w.e.f. 23.09.2017 till payment. Compensation for mental harassment and agony of Rs.2,000/- (Rupees Two Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against OP. Payment of amounts of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.

 

                     (Vinod Gulati)                                         (G.K. Dhir)                                            Member                                                           President

Announced in Open Forum                                                             Dated:13.08.2018                                                                                           Gurpreet Sharma.