Chandigarh

DF-II

CC/346/2021

Shabadpreet Singh - Complainant(s)

Versus

Brista Coffee Co. Ltd. - Opp.Party(s)

Virat Rana adv

13 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	346 of 2021
Date  of  Institution	:	08.06.2021
Date   of   Decision	:	13.12.2022

 

 

 

Shabadpreet Singh s/o Parminderjit Singh, R/o House No.2064, Sector 69, SAS Nagar, Mohali.

             …..Complainant

 

Versus

1]  Barista Coffee Company Limited, Head Office at 368-369, Sultanpur MG Road, New Delhi, through its Chief Operating Officer Rajat Aggarwal

2]  2701, Sector 35, Chandigarh, Barista Coffee Company Ltd., SCO No.422, Sector 35C, Chandigarh 160036, through its Managing Directors

   ….. Opposite Parties
 

[2]

Consumer Complaint  No	:	347 of 2021
Date  of  Institution	:	08.06.2021
Date   of   Decision	:	13.12.2022

 

 

 

Parminderjit Singh s/o Sh.Ram Singh, r/o House No.2064, Sector 69, S.A.S.Nagar, Mohali.

             …..Complainant

 

Versus

1]  Barista Coffee Company Limited, Head Office at 368-369, Sultanpur MG Road, New Delhi, through its Chief Operating Officer Rajat Aggarwal

2]  2701, Sector 35, Chandigarh, Barista Coffee Company Ltd., SCO No.422, Sector 35C, Chandigarh 160036, through its Managing Directors

 ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA        PRESIDING MEMBER 

                    SH.B.M.SHARMA                      MEMBER

 

 

Argued by :-  None for complainant.

Sh.Mayank Mehandru, Advocate for OPs

(Defence of OPs already struck off)

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         By this common order, we propose to dispose of the above mentioned two consumer complaints in which similar questions of law and facts are involved.

2]       The facts are being taken from the present “Complaint Case No.346 of 2021 – Shabadpreet Singh Vs. Barista Coffee Company Limited & Anr.”

3]       Brief facts of the case, as alleged by the complainant, are that the complainant on 9.1.2021 at around 15:52 P.M. visited the store of OP No.2 and placed order for Hot Chocolate S and received Bill worth Rs.200/- (Ann.C-1).  After getting the product as per order, the complainant came to know that the OPs have charged Rs.5/- for paper cup having name “BARISTA’ and added it in the bill (Ann.C-2).  The complainant agitated the charging of Rs.5/- for the paper cup, but the OPs did not pay any heed, as such the complainant having no other option, had to take the product during his take-away order.  Alleging the said act & conduct of the OPs as illegal, deficiency in service and unfair trade practice, hence this complaint has been preferred.

4]       The defence of the OPs was struck of vide order dated 10.8.2022 due to their failure to file reply & evidence, despite opportunities, within the stipulated period of 45 days of service/appearance.

5]       Complainant led evidence in support of his contentions.

 

6]       We have gone through the entire record including the written submissions filed by OPs.

 

7]       At the very outset, it is pertinent to mention that the ld.Counsel for the OPs, in both the cases, while admitting the fault on their part, as alleged in the complaint, stating that they have stopped such practices and fairly offered & undertakes, on behalf of the OPs, to deposit a sum of Rs.10,000/- in Poor Patient Fund/Account of P.G.I., Chandigarh (Post Graduate Institute of Medical Education & Research, Chandigarh) and further to pay Rs.1000/- to the complainant, which in our concerted view, is just & fair enough. 

 

8]       In view of the above, the present complaint as well as connected complaint, aforementioned, stands allowed with direction to the OPs No.1 & 2 to pay am amount of Rs.1000/- to the complainant in each case and also to deposit Rs.10,000/- in Poor Patient Fund/Account, P.G.I.M.E.R., Chandigarh, in each case.    

         The above said order shall be complied with by the Opposite Parties No.1 & 2 within a period of 45 days from the date of receipt of its copy, failing which they shall be liable to deposit additional cost of Rs.50,000/- in each case in Poor Patient Fund/Account, P.G.I.M.E.R., Chandigarh, apart from the above awarded amount.

9]       A copy of this order be placed in connected Complaint Case No.347 of 2021 – Parminderjit Singh Vs. Barista Coffee Company Limited & Anr.”’

        Certified copy of this order be communicated to the parties as well as to The Director, P.G.I.M.E.R, Chandigarh, free of charge. After compliance file be consigned to record room.

Announced                                                             

13^rd December, 2022                                                                                                                                sd/-         

(PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER