Chandigarh

DF-I

CC/732/2015

Dr. Amandeep Singh Marwaha - Complainant(s)

Versus

Chilis Bar & Grill Premier Restaurant Pvt. Ltd. - Opp.Party(s)

In person

06 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	732 of 2015
Date  of  Institution	:	29.10.2015
Date   of   Decision	:	6.6.2016

 

 

 

 

 

Dr. Amandeep Singh Marwaha H. No.1036, Sector 46B, Chandigarh.

….Complainant

Vs.

 

 

Chilis Bar & Grill Premier Restaurant Pvt. Ltd.  Elante  Mall, Chandigarh through proprietor.

…… Opposite Party 

 

BEFORE: 

 

DR. MANJIT SINGH                                 PRESIDENT

MRS.SURJEET KAUR                            MEMBER

SH. SURESH KUMAR SARDANA           MEMBER

 

 

For Complainant	:	Complainant in person
For Opposite Party	:	Sh. A.D.S. Jattana, Adv.

 

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

                The facts, in brief, are that the complainant alongwith his guests had dinner and beverage at the restaurant of the Opposite Party at Elante Mall Chandigarh on 14.9.2015.  The Opposite Party raised a bill of Rs.1834/-. According to the complainant after due verification of the bill it was found by him that the Opposite Party charged service charge to the tune of Rs.200.50 @14.13% of the billed amount and also VAT @12.5% on service charge for Rs.25.06, which is illegal. The complainant raised the issue with the staff of the Opposite Party but they told that the bill was charged as per computerized bill. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite Party, the complainant has filed the instant complaint.

2.           Notice of the complaint was sent to Opposite  Party, seeking its version of the case
3.           In its written statement cum evidence, the OP has admitted the issuance of the bill, but, it has been denied that any additional amount was charged. It has been contended that service charge (and not service tax) is a nominal fee collected from the customers for the betterment of the establishment and employees thereof and is not chargeable in the form of a statutory tax.  It has been stated that the memo dated 31.10.2014 instructing the restaurants/hotels in Chandigarh not to charge any service charge from customers was withdrawn and superseded by notification dated 24.2.2015. It has been contended that the OP was within its right to charge service charge. Pleading that there is no deficiency in service or unfair trade practice on its part, OP has prayed for dismissal of the complaint. The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.

2.          The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.

 

3.          Parties were permitted to place their respective evidence on record, in support of their contentions.

 

4.          We have heard the complainant in person learned counsel for the Opposite Party and have perused the record.

 

5.           The main grievance of the complainant is that he has been charged services charges more than 10% of the bill amount. We have perused Annexure-A, which is a detailed bill. The total amount mentioned on the bill is Rs.1415/-. As per complainant the services charges @10% comes to Rs.141.50 ps whereas he has been charged Rs.200.50 towards the same. To substantiate his contention the complainant has attached another bill placed at Annexure 1/2 wherein the sub total amount is Rs.823/- and the Opposite Party has charged Rs.82/- only.  Hence in the bill as placed at Annexure-A, he has been charged service charges at the rate more than 10%. As per the version of the Opposite Party certain items in the bill had a scheme of buy one and get one free. But The Opposite Party’s contention is that even the free items which has been served in the restaurant are also to be charged service charges @10% and accordingly although the free items has not been accounted/charged in the total bill but 10% service charges has been levied on the same. For this the Opposite Party has submitted a detailed hand written bill  Annexure-OP-1/7.  
6.           We have also gone through the detailed menu card where in it is written “ we  levy 10% services charges. Taxes as applicable”.  Nowhere on the menu card it is mentioned that even for the items which will be served free under some offer will also be levied service charge @10%. Hence, any prudent man of normal intelligence will understand that any item which is served free will not carry any service charges in the absence of any mention thereof. Thus, we are of the concerted view that the Opposite Party is deficient in rendering service and indulged into unfair trade practice.  

 

7.          In the light of above observations, we are of the concerted view that the Opposite Party is found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed  to:-

 

[a]     To refund Rs.59/- being overcharged by it from the complainant towards service charge.

 

[b]     To make payment of Rs.5,000/- to the complainant towards compensation for causing mental and physical harassment.

 

[c]      To make payment of Rs.5,000/- to the complainant as litigation expenses.

 

 

8.          The above said order be complied with by the Opposite Party, within 30 days from the date of receipt of its certified copy, failing which the amounts at Sr. No.[a] & [b] shall carry interest @12% per annum from the date of filing of the present Complaint, till actual payment, besides payment of litigation costs.

9.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced   

6.6.2016                                                                                   sd/-

DR. MANJIT SINGH

PRESIDENT

 

Sd/-

 (SURJEET KAUR)

MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER