Maharashtra

DCF, South Mumbai

CC/133/2024

MR BHAGAT SINGH DUGAR - Complainant(s)

Versus

INDIAN ACCENT MUMBAI THROUGH ITS DIRECTORS, PARTNERS, AUTHORIZED REPRESENTATIVE A RESTAURANT OWNED B - Opp.Party(s)

MR DIGAMBAR R. THAKARE

13 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SOUTH MUMBAI
Puravatha Bhavan, 1st Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital,
Parel, Mumbai-400 012
 
Complaint Case No. CC/133/2024
( Date of Filing : 01 Aug 2024 )
 
1. MR BHAGAT SINGH DUGAR
405 AND 406, 4TH FLOOR, SHARDA CHAMBERS 15, SIR VITHALDAS THACKERAY MARG, NEW MARINE LINES
MUMBAI
MAHARASHTRA
2. DR RAMESH B. BAHETI
C-17, C-18, COUNTY WALK COLONY, JHALARIA BYPASS, A.B.ROAD, INDORE
INDORE
MADHYA PRADESH
...........Complainant(s)
Versus
1. INDIAN ACCENT MUMBAI THROUGH ITS DIRECTORS, PARTNERS, AUTHORIZED REPRESENTATIVE A RESTAURANT OWNED BY EHV INTERNATIONAL
GROUND FLOOR, NITA MUKESH AMBANI CULTURAL CENTRE, JIO WORLD CENTRE, BKC, BANDRA, EAST
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SADIK ALI B. SAYYAD PRESIDENT
  HONBLE SMT. GAURI M. KAPSE MEMBER
 
PRESENT:
 
Dated : 13 Nov 2024
Final Order / Judgement

Order below EX-1

Perused the Complaint with Amendment Application. Heard the advocates. As per the Complaint they visited Opposite Party’s restaurant and ordered vegetarian food but servant of opposite party served Non vegetarian dish to the Complainant. Hence Complaint is filed.

After peruse the record there is no any bill/invoice filed by the Complainant to show that the Complainant visited the said Hotel and ordered vegetarian food. Therefore this Commission directed to submit the bill but failed to do so.

As per ex- “B” filed by the Complainant at page No. 37 shows that, the entire bill of the Complainant is waived by the opposite party. Therefore prima facie shows that there is no consideration paid by Complainant to the opposite party. Therefore this Complaint is not covered under the definition of Consumer and service is also not availed by paying consideration. This Complaint is not entitled to admit hence disposed off accordingly. 

 
 
[HON'BLE MR. SADIK ALI B. SAYYAD]
PRESIDENT
 
 
[ HONBLE SMT. GAURI M. KAPSE]
MEMBER
 

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