Delhi

New Delhi

CC/664/2016

Tarit Gupta - Complainant(s)

Versus

Garam Dharam Bar - Opp.Party(s)

23 May 2022

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC. 664/2016                                        

                In the matter of:

 

           SH. TARIT GUPTA,

S/O RAJIV KUMAR GUPTA,

R/O MOTI NAGAR COLONY,

AMROHA-244221                                                        ………COMPLAINANT

 

Versus

 

              GARAM DHARAM BAR AND RESTAURANT,

              M-16, GROUND FLOOR, OUTER CIRCLE,

              CONNAUGHT PLACE,

              NEW DELHI-110001                                                        ……..OPPOSITE PARTY

 

QUORUM:

MS. POONAMCHAUDHRY, PRESIDENT

            SH.  BARIQAHMAD, MEMBER

            MS. ADARSH NAIN, MEMBER

                                                                                    Date of Institution  :20.10.2016                                                                                                                                                                             Date of Order          :23.05.2022

 

O R D E R

ADARSH NAIN, MEMBER

1. The present complaint has been filed against the opposite party (in short OP) under section 12 of Consumer Protection Act, 1986. Briefly stated facts of the complaint are that the complainant booked a table for 8 persons on 13.09.2016 and a table for 2 persons on 04.10.2016 in OP’s restaurant. When the complainant visited the restaurant of OP on those dates and ordered food and beverages including 2 bottles of mineral water and 1 bottle of soda, the OP had raised Bill No. RO45331 and Bill No. RO47756 respectively which were paid by the complainant.
2. It is alleged that the OP charged Rs.75/- for each bottle against the M.R.P. of Rs.35/- each and Rs. 65/-for one Soda bottle while the MRP printed on the bottle was Rs.18/-.
3. It is also alleged that services provided by the OP were not at all good and satisfactory. The food ordered had no taste for which the OP charged higher prices.
4. It is further alleged that when the complainant later on visited the OP restaurant and asked for copy of invoice dated 13.9.2016, the employee of OP refused to give the same. It is alleged that OP issues such invoices whose ink fades away after few days with mala fide intention which is unfair trade practice. The intention behind is to createtheir own invoices so that they can avoid to pay taxes.
5. It is further alleged the OP has charged the amount in excess of the MRP, and by doing so, OP is extorting money and committing fraud with thousands of consumers and gaining profit out of this illegal practice, unfair trade and business,hence, it is prayed by the complainant that the OP be directed to refund the excess amount of Rs. 87/- to the complainant, the record of sale of mineral water bottles and soda bottles by the OP restaurant be calledand  the OP be fined heavily and Rs. 1,00,000/- as punitive compensation for causing mental agony, pain and harassment along with litigation costs.
6. Despite the service of notice, none had appeared on behalf of OP, hence, the OP was proceeded ex-parte vide order dated 28/02/2017.
7. The complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of the complaint. The complainant has relied on the documents namely Copy of the screen shots of Table booking dated 13.9.2016 and 04.10.2016 (Exhibit CW-1/1 and CW1/2), copies of Invoices (Exhibit CW-1/3 and CW1/4), Complainant’s Bank Account Statement (Exhibit CW-1/5), Photographs of the Soda Bottle taken in the Bar (Exhibit CW-1/6), Copy of legal Notice dated 07.10.2016 and the Reply to the legal Noticedated 19.11.2016 (exhibit CW-1/7).
8. We have perused the ex-parte evidence filed alongwith the documents relied upon by the complainant.
9. In his ex-parte evidence, the complainant has reiterated the averments and contentions made in the complaint. The complainant deposed that during his visit to the restaurant of OP for dinner, the OP had charged the amount in excess of the MRP printed on the two mineral water bottles namely “Catch Himalayas”and one soda bottle namely “Catch Club Soda”. In support of his contention, the complainant has exhibited two invoices/Bills issued by the OP (Exhibit CW-1/3 &CW1/4) and the copy of his bank account statement (Exhibit CW-1/5) as proof of payment of the said bills.
10.  The prayer of the complainant is for refund of the excess amount charged for sale of mineral water and Soda bottles, sale of mineral water bottles, compensation and cost of litigation.
11.  As regards the complainant’s contention related to overchargingby OP which is about charging in excess of the MRP printedon the products, it is to be noted that an appeal was filed by Federation of Hotel and Restaurant Association of India Vs. Union of India and others before Hon’ble Supreme Court being civil Appeal No. 21790 of 2017 wherein Hon’ble Supreme Court held ,as under::-

“17. We are, therefore, of the view that neither the Standards of Weights and Measures Act, 1976 read with the enactment of 1985, or the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP.

Thus, in view of the judgement of Hon’ble Supreme Court and the above observations, this commission is of considered view that OP is not guilty of deficiency in service and no case is made out against the OP, thus, the complaint is dismissed.

No order as to costs.

A copy of the order be supplied to all parties free of cost.

The order be uploaded on the website of this Commission.

File be consigned to record room along with the copy of the order.

 

 

POONAM CHAUDHRY

                                                                                               (PRESIDENT)                                       

 

              BARIQ AHMAD                                                                                            ADARSH NAIN

                 (MEMBER)                                                                                                    (MEMBER)