DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/383

Date of Institution : 29.05.2018/29.11.2021

Date of Decision : 19.07.2022

Amarjit alias Sonu son of Sh. Kasturi Lal, resident of 494, LIG Housing Board Colony, Ranjit Avenue, Amritsar.  …Complainant

Versus

Comfort Inn Alstonia Pavilion, SCO 111, District Shopping Centre, Ranjit Avenue, Near Passport Office, Amritsar through its Managing Director/Director/Authorized Person. 

…Opposite Party

Complaint U/S 12 and 13 of The Consumer Protection Act

Present: Sh. Sahil Sachdeva Adv counsel for the complainant.

Opposite party exparte.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 12 and 13 of the Consumer Protection Act against Comfort Inn Alstonia Pavilion, Amritsar (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainant are that on 13.5.2018 the complainant alongwith his family members went to the hotel of the opposite party for dinner. After having dinner the complainant asked the employees of the opposite party regarding the bill and opposite party charged Rs. 2,063/- from the complainant. Out of the said amount of bill the opposite party has charged CGT/SGT at the rate of 9% each i.e. 18% which is illegal. The complainant requested the opposite party that they are charging very higher CGT/SGT and to charge actual CGT/SGT fixed by the Government but opposite party flatly refused to listen the request of the complainant. It is further alleged that the Government has decreased the CGT/SGT from 18% to 5% and same order/rules has been implemented from 11.1.2017 and as per new tax structure from 11.1.2017 no restaurant or hotel can charge 18% CGT/SGT from the customers and as per new tax structure hotels/restaurants can only charge 5% CGT/SGT from its customers on food. The complainant requested the opposite party to charge 5% CGT/SGT as per Government rules but opposite party misbehaved with the complainant which amounts to deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party may be directed to return the excess amount of CGT/SGT taken by them with the bill dated 13.5.2018.      

2) To pay Rs. 50,000/- on account of compensation for harassment and mental tension.

3) To pay Rs. 10,000/- as cost of legal expenses.

4) Any other relief to which the complainant is found entitled. 

3. Upon notice of this complaint, the opposite party not appeared before this Commission despite due service so the opposite party was proceeded against exparte vide order dated 27.7.2018.  

4. In support of his complaint, the complainant filed affidavit and documents with the complaint.  

5. We have heard the learned counsel for the complainant and have gone through the record on the file carefully.

6. The main grievance of the complainant in the present complaint is that the opposite party have charged 18% CGT/SGT instead of 5% CGT/SGT from the complainant. The learned counsel for the complainant argued that on 13.5.2018 the complainant alongwith his family members went to the hotel of the opposite party for dinner and opposite party charged Rs. 2,063/- from the complainant but out of the said amount of bill the opposite party has charged CGT/SGT at the rate of 9% each i.e. 18% whereas Government has decreased the CGT/SGT from 18% to 5% and same order/rules has been implemented from 11.1.2017 and as per new tax structure from 11.1.2017 no restaurant or hotel can charge 18% CGT/SGT from the customers and as per new tax structure hotels/restaurants can only charge 5% CGT/SGT from its customers on food. He further argued that there is deficiency in service on the part of the opposite party.  The complainant duly proved on the file copy of bill dated 13.5.2018 Ex.C-1 that he with his family had taken dinner in the restaurant of the opposite party and they charged Rs. 2,063/- from the complainant. It is also proved from this bill that opposite party charged 18% GST from the complainant i.e. 9% CGT and 9% SGT. Further, at the time of arguments the complainant filed a document in which the GST rates of restaurants is mentioned that in Non AC and AC restaurants there is 5% GST on food.  

7. On the other hand, the opposite party has not dared to appear and filed any written version before this Commission to rebut these allegations of the complainant and intentionally preferred to remain exparte, which proved that they have nothing to say against the allegations of the complainant and indirectly admitted the claim of the complainant whereas the complainant proved his case beyond any doubt by way of tendering cogent, convincing and reliable evidence on the file. So, in view of the submissions made in the affidavit of complainant and evidence tendered by the complainant it is proved on the file that the opposite party is deficient in providing service to the complainant and act of the opposite parties is clear cut unfair trade practice and deficiency in service on its part as they have charged excess GST from the complainant. 

8. As a result of the above discussion, present complaint is exparte partly allowed and opposite party is directed to refund the amount of Rs. 227/- to the complainant alongwith interest at the rate of 6% per annum from the date of filing of present complaint till actual realization. The opposite party is also directed to pay Rs. 3,300/- to the complainant as consolidated amount of compensation for causing mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        19th Day of July 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member