BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.598 of 2015

                                 Date of institution:          05.11.2015

                                                Date of Decision:            25.02.2016

Vishal Gargi son of Parshotam Gargi resident of House No.414, Sector 41-A, Chandigarh.

    ……..Complainant

                                        Versus

Café Coffee Day, Phase 3-A, Sector 53, Near HP Petrol Pump, Mohali.

………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Mrs. R.K. Aulakh, Member.

Present:    Complainant in person.

                Opposite Party ex-parte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following directions to the Opposite Party (for short ‘the OP’) to:

(a)    refund him Rs.466/-  deducted from the account of the complainant.

(b)    pay him Rs.10,000/- as compensation for mental agony, inconvenience and hardship.

                The complainant visited the OP on 27.09.2015 at 10.40 AM and ordered for coffee and snacks worth Rs.233/-. The complainant twice tried to pay the bill through his credit card No.5522605000369722 but due to error in the machine the receipt was not generated from the machine. Finally the complainant paid the bill amount of Rs.233/- in cash. The complainant came to know from his bank account statement that the amount has been debited from his credit card twice on the name of the OP. Thereafter the complainant requested the OP to refund the amount of Rs.466/- but till the filing of the complaint, the OP has not paid him Rs.466/- which has caused him mental tension, agony and harassment. Thus, with these allegations the complainant has filed the present complaint.

2.             The notice was duly served on the notice but inspite of this, none appeared for the OP. Thus, the OP was proceeded against ex-parte vide order dated 20.01.2016

3.             In the ex-parte evidence, the complainant tendered in evidence his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-4.

4.             We have heard the complainant and gone through the pleadings and evidence.

5.             The complainant visited the OP Cafe on 27.09.2015 at 10.40 AM and placed the order for coffee and some snacks.  The OP served the ordered articles i.e. coffee and snacks and raised a bill of Rs.233/- which included price of the food articles as well as various taxes thereupon.  As per the bill issued by the OP dated 27.09.2015 at 10.54 AM,  the complainant made the payment through his credit card No.5522605000369722 of HDFC Bank but due to error in credit card machine of the OP, the money was deducted from the card but receipt was not generated. This happened twice and both times the money was deducted but receipt was not generated. Therefore, finally the complainant made the payment in cash. The complainant checked up the statement of account issued by HDFC Bank Ex.C-1 showing two payments of Rs.233/- each having been cleared in favour of the Café Coffee Day on 27.09.2015. Thus, the OP has received double the amount i.e. Rs.466/- against the bill of Rs.233/-, as the complainant has already made the payment of Rs.233/- in cash. The complainant has approached the OP vide his e-mail dated 29.09.2015 asking for refund of Rs.466/- and the said e-mail remained unanswered in the hands of the OP. The OP has neither returned the excess amount of Rs.466/- nor responded to the complainant till date.  The complainant in order to prove his case, has relied upon the bill dated 27.09.2015 Ex.C-2 for food articles worth Rs.194/- plus taxes, total amount being Rs.233/-. In order to prove the excess payment of Rs.466/- accepted by the OP, he has proved the statement of account issued by HDFC Bank showing the use of credit card No.5522605000369722 for making payment to Café Coffee day on 27.09.2015, two entries of Rs.233/- each. Further the OP has failed to return the extra amount received by it from the complainant, as shown by the complainant vide e-mail 29.09.2015. Thus, the complainant from these documents has proved the transaction between him and the OP and payment of extra amount of Rs.466/- against the bill dated 27.09.2015.  There is nothing on record to show that the OP has refunded this extra amount to the complainant. By not returning the extra amount received by the OP, it is clearly an unfair trade practice on the part of the OP which has been proved by the complainant. The act of unfair trade practice on the part of the OP has certainly caused financial loss and mental tension to the complainant.  Therefore, the complaint deserves to be allowed and the complainant deserves to be compensated.

6.             Hence the complaint is allowed with the following directions:

(a)    to refund an amount of Rs.466/- (Rs. Four hundred sixty six only) alongwith interest @ 9% per annum w.e.f. 27.09.2015 till realization, collected in excess from the complainant against bill No.7277 dated 27.09.2015 at 10.54.28 AM due to the error in the credit card machine operated by the OP.

(b)    to pay to the complainant a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) for mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

February 25, 2016.      

                            (Mrs. Madhu P. Singh)

                                                                        President

(Mrs. R.K. Aulakh)

                  Member