DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.34/2019
Anshul Aggarwal
S/o Sh. Rakesh Aggarwal
R/o 186, Gautam Nagar,
New Delhi
….Complainant
Versus
Imperfecto Ruin PUB
(A Unit of Bel CIBO Hospitality Pvt Ltd.)
Through its Manager/Concerned Officer
A-201 to A233, 2nd Floor,
Ansal Plaza Mall, Khel Gaon
New Delhi
….Opposite Party
Date of Institution : 29.01.2019
Date of Order : 11.09.2024
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
ORDER
President: Ms. Monika A Srivastava
The complainant has filed the present complaint seeking amount receipt by OP @24% per annum; compensation of Rs.1,00,000/- for personal loss, harassment and mental agony and pay cost of litigation. OP is Imperfecto Ruin Pub/Restaurant.
- It is the case of the complainant that on 21.01.2019 complainant along with his family members visited the OP restaurant for enjoying their dinner. It is stated that after completing their dinner the staff of OP provide a bill of Rs.3442.00 including GST@2.5%, SGST @2.5%, Service Charge @10% and VAT @ 20%
- It is stated that the complainant objected the service charges.
- It is further stated that OP has threatened the complainant that if he will not pay the said illegal service charge then they called their muscle men and to save their prestige the complainant paid the said illegal amount to the OP. The bill is annexed along with the complaint.
- Despite notice duly served on OP, OP did not appear hence OP was proceeded exparte.
Complainant has filed his exparte evidence and written arguments.
This Commission has gone through the entire material on record.
This Commission is of the view that since service charge was levied on the complainant without prior information and he did not wish to pay the same, this amounts to deficiency in service. Therefore, OP is directed to compensate the complainant with Rs. 2,000/- for not informing about the service charge taken from the complainant. This is payable within three months from the date of this order failing which the OP would be liable to pay a sum of Rs.2,500/-. OP is directed to display boldly at the restaurant as well as the menu that service charges are applicable in terms of the order of the order of the Hon’ble High court passed in W.P.(C) 10683/2022 National Restaurant Association Of India Vs Union Of India.
Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.
