Haryana

Karnal

CC/239/2022

Kr. Kailash Chauhan - Complainant(s)

Versus

Connaught Plaza Restaurant Private Limited - Opp.Party(s)

Amit Sharma

25 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 239 of 2022

                                                        Date of instt.22.04.2022

                                                        Date of Decision:25.01.2023

 

Kr. Kailash Chauhan son of Shri Rajbir Singh Chauhan, resident of House no.122, Sector-13, Urban Estate, Karnal, aged about 44 years (Aadhar card no.2080 4907 7772)

                                               …….Complainant.

                                              Versus

 

Connaught Plaza Restaurant Pvt. Ltd. Savoy Green, near Karan Lake, Karnal through its Branch Manager.

                                                                        …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Amit Sharma, counsel for the complainant.

    Opposite party exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that OP is running a franchisee of McDonald’s at Savoy Green, near Karan Lake, Karnal and is having very good name and fame in the vicinity. On 17.04.2022 at about 4.24 p.m. son and daughter of complainant namely Toshan and Ananya visited the OP and placed orders of Mcaloo tikki and coke etc. worth an amount of Rs.218/-. They were not having cash with them at that time. The dealing person on the counter gave QR code and they took pic of same and then send the same to complainant for payment. The complainant paid the amount, vide UPI Transaction ID no.210716640917. Then he forwarded receipt to his children and they showed the name to the dealing person but he was not satisfied with the same. He pressed the children of complainant to make payment of said amount in cash, they objected that since the payment has already been made to them through aforesaid UPI transaction and as such they cannot claim the cash amount from them but dealing person remained adamant and started speaking loudly and started insulting them in the presence of other consumers standing there. The situation became very upward as children of the complainant were not having cash with them. They felt very ashamed but at that time a close friend of complainant coincidently reached there and then they borrowed money from him and paid the same to the OP and only then they allowed to going out from the restaurant. In this way the OP has misbehaved, maltreating, defamed and insulted the children of the complainant, who are age of about 17 years and 14 years respectively. Due to the said act of the OP, they are suffering from mental pain, agony and harassment. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence complainant filed the present complaint for seeking direction to the OP to pay Rs.one lakhs as compensation for mental pain, agony and harassment and towards litigation expenses.

2.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 17.05.2022 by suffering separate statement.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of bill Ex.C1, copy of payment through G.pay slip Ex.C2, copy of QR code of OP Ex.C3 and closed the evidence on 22.12.2022 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the evidence available on record.

5.             Learned counsel for complainant, while reiterating the contents of complaint, has vehemently argued that on 17.04.2022 son and daughter of complainant visited the OP and place orders of Mcaloo tikki and coke etc. worth an amount of Rs.218/-. They were not having cash with them at that time. The dealing person on the counter gave QR code and they took pic of same and then send the same to complainant for payment. The complainant paid the amount, vide UPI Transaction ID no.210716640917 but dealing person was not satisfied with the same and pressed the children of complainant to make payment of said amount in cash, they objected that since the payment has already been made to them through aforesaid UPI transaction but dealing person remained adamant and started speaking loudly and started insulting them in the presence of other consumers standing there. At that time a close friend of complainant coincidently reached there and then they paid the said amount. In this way OP has misbehaved, maltreating, defamed and insulted the children of the complainant and lastly prayed for allowing the complaint.

6.             To prove his version, complainant has placed on file his affidavit Ex.CW1/A and copy of bill Ex.C1, copy of payment through G.pay slip Ex.C2 and copy of QR code of OP Ex.C3. It is evident from the G.pay slip Ex.C2 and copy of QR code of OP Ex.C3, the complainant had paid the amount to the OP through UPI transaction but OP had not satisfied with the same and adamant to demand the cash amount.

7.             To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.  Hence the act of the OP amounts to deficiency in service and unfair trade practice.

8.             The OP is running its shop at such a famous place like Mcdonald’s at Sovoy Green, at G.T. Road Karnal. Customers visit such places with the expectation of good services and for consuming the healthy food by spending their hard earned money. Such kind of behaviour cannot be expected from the OP inspite of paying the amount paid through G.pay slip Ex.C2. The OP has harassed the children of complainant unnecessarily and insulted them in the presence of other customers. Hence, it would be justified to penalize the OP with exemplary costs to prevent misbehaving with their customers in future.

9.             In view of our above discussion, we allow the present complaint and direct the OP to pay an amount of Rs.10,000/- (Rs. ten thousand only) as compensation for harassment, mental pain, agony and towards litigation expenses to the complainant. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:25.01.2023     

                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                           Member                          Member