By Sri. Mohamed Ismayil.C.V, Member

The complaint filed under Section 35 of the Consumer Protection Act, 2019

The case of the complainant is as follows:-

1.         The complainant along with his family members went to Malakkappara Tourism centre after availing the tourism package of KSRTC, Malappuram.   While returning from Malakkppara, the complainant and his family members alighted at Chalakkudy and entered in to the hotel of opposite party named ‘Venas Hotel’. According to the complainant he ordered 4 ‘ghee roasts’ after verifying the price list   exhibited in the opposite party hotel. The rate of one ghee roast was shown as Rs.45/- (Forty five rupees only) in the price list exhibited.  After having food, supplier of the opposite party handed over the bill for making payment.  But surprisingly the bill amount was Rs.200/- for 4 ghee roasts. So as per bill the one ghee roast was rated with Rs.50/-.

2.         The complainant pointed out the disparity between the price of the ghee roasts printed in the bill and the price list exhibited in the hotel before the cashier, who was present in the cash counter of the hotel.   But unfortunately cashier demanded to pay the bill amount and also told the complainant not to rely upon the price listexhibited in the hotel. The complainant asked the cashier that there will be situation for trouble if ordinary people taking food relying on the price list exhibited in the hotel.But instead of giving reply the cashier of the hotel collected Rs.200/- from the complainant.  According to the complainant he had suffered loss of money and also undergone mental agony and hardship. The case of the complainant is that the opposite party illegally gained excess money as the complainant was paid excess price for ghee roast than shown in the price list exhibited in hotel.  So there is loss of money to the complainant. Aggrieved by the act of the opposite party the complainant approached this Commission with prayer for compensation of Rs.10,000/- .

3.         On admission of the complaint, the Commission issued notice to the opposite party and the opposite party received the same.  But the opposite party remained absent before the Commission and thus set him exaprte.

4.         The complainant filed affidavit and produced documents as part of evidence.  Documents marked as Ext. A1 and A2.  Ext. A1 is the copy of the bill issued by the opposite party to the complainant. Ext. A2 is the copy of mobile picture of the price list.  Documents proved the averment in the complaintand there is no contra evidence against the affidavit and documents of the complainant. Hence case of the complainant stands proved and the Commission allows the complaint as follows:-

1. The opposite party is directed to refund the excess amount of Rs.20/- received from the complainant for the price of ghee roasts .
2. The opposite party is directed to pay Rs.3,000/- (Rupees Three thousand only) as compensation to the complainant on account of unfair trade practice of the opposite party and thereby caused inconvenience and hardship to the complainant.
3. The opposite party is directed to pay Rs.2,000/- (Rupees two thousand only) to the complainant  towards the cost of the proceedings.

The opposite party shall comply this order within one month from the date of receipt of this order, failing which the above said entire amount shall carry interest @ of 12% per annum from the date of this order till realization. 

Dated this 30^th day of May, 2022.

APPENDIX

Witness examined on the side of the complainant:   Nil

Documents marked on the side of the complainant: Ext.A1 and A2

Ext.A1:Copy of the bill issued by the opposite party to the complainant.

Ext.A2:Copy of mobile picture of the price list.

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

VPH