Order dictated by:
Sh.Anoop Sharma,Presiding Member
- Surinder Sehgal complainant has filed the present complaint under section 11 & 12 of the Consumer Protection Act on the allegations that on 14.1.2017 complainant alongwith his family took dinner in the opposite party restaurant and opposite party issued a bill of Rs. 1159/-. On the said amount opposite party charged 13% VAT, 10% Govt.surcharge on VAT, 14% service tax, cess 0.5% and KK cess 0.5% totaling Rs. 1379/-. The complainant made the payment through debit card. The opposite party also charged Rs. 50/- as tip charges. The said amount of charging tip is totally illegal as the opposite party has no right to charge the tip on the said bill. The complainant requested the opposite party not to charge the same but the opposite party openly refused rather charged Rs. 50/-. Vide instant complaint, complainant has sought for the following reliefs:-
- Opposite party be directed to pay Rs. 50/- charged in excess ;
- Compensation to the tune of Rs. 50000/- alongwith litigation expenses of Rs. 2000/- may also be awarded to the complainant.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. In his bid to prove the case Ms. Harsimran Deep Kaur,Adv.counsel for the complainant tendered into ex-parte evidence duly sworn affidavit of the complainant Ex.C-1, copy of receipt dated 14.1.2017 Ex.C-2, copy of bill dated 14.1.2017 Ex.C-3 and Ex.C-4 and closed the ex-parte evidence on behalf of the complainant.
4. From the appreciation of the facts and circumstances of the case, it becomes evident that complainant alongwith his family took dinner in the opposite party restaurant and opposite party issued a bill of Rs. 1159/-. On the said amount opposite party charged 13% VAT, 10% Govt.surcharge on VAT, 14% service tax, cess 0.5% and KK cess 0.5% totaling Rs. 1379/-. Copy of bill accounts for Ex.C-3 on record. The complainant made the payment through debit card. The opposite party also charged Rs. 50/- as tip charges. Ld.counsel for the opposite party has vehemently contended that charging of amount to the tune of Rs. 50/- on account of Tip charges, amounts to deficiency of service.
5. The evidence adduced by the complainant has gone unrebutted on record as opposite party, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly admitted the claim of the complainant, which further shows that the opposite parties had no defence to offer for contesting the case of the complainant. The act and conduct of the opposite party amount to deficiency in service.
6. Consequently we allow the instant complaint ex-parte with directions to opposite party to refund Rs. 50/- charged on account TIP from the complainant . Opposite party is also directed to pay compensation to the tune of Rs. 3000/- to the complainant while litigation expenses are assessed at Rs. 2000/-. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 10.5.2017
