0IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA
Dated this the 27th day of April, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 38/2013 (Filed on 20.03.2013)
Between:
Mohanan Nair,
Valiyakalayil,
Kanjeettukara P.O.,
Ayroor – 689 611. … Complainant.
And:
1. Manager (Proprietor),
Arya Bhavan Hotel,
Kozhencherry Plaza,
Kozhencherry P.O.
2. District Supply Officer,
Collectorate, Pathanamthitta.
3. District Collector,
Pathanamthitta. … Opposite parties.
ORDER
Smt. K.P. Padmasree (Member):
The complainant approached this Forum for getting a relief against the opposite parties.
2. Complainant’s case is that, on 03.03.2013 at about 6 p.m., he purchased 10 chappathi as parcel from the first opposite party’s hotel. First opposite party charged Rs. 170/- for the said chappathi. When the complainant told the counter manager of the first opposite party that the rate of Rs. 17/- for one chappathi is very high. But the counter manager did not cared the complainant’s complaint regarding the excess price of the chappathi. According to the complainant, price of Rs. 17/- for one chappathi charged by the first opposite party is very high when compared to the rate of chappathi of the nearby similar hotels who are charging only Rs. 7/- or less for one chappathi. The act of the first opposite party is an exploitation of the customers and it is an unfair trade practice. This caused financial loss and mental agony to the complainant and the first opposite party is liable to the complainant for the same. Hence this complaint for directing the first opposite party to return the excess amount charged by the first opposite party along with compensation of Rs. 10,000/- and cost of Rs. 5,000/- and for directing the second and third opposite parties to restrict the said type of exploitation and the unfair trade practices committing by the hotels towards the customers.
3. In this case, opposite parties are exparte.
4. On the basis of the pleadings of the complainant, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral testimony of PW1 and Exts. A1 and A2. After closure of evidence, complaint was heard.
6. The point: The complainant’s allegations against the first opposite party is that the first opposite party charged Rs. 17/- for one chappathi without any side dishes. The said rate is highly exorbitant when compared to the rate of similar nearby hotels who are charging only Rs. 7/- or less for one chappathi. It is an illegal act and an unfair trade practice. Moreover, the complaint regarding the excess price of chappathi was also not entertained by the counter manager of the first opposite party when it was brought to the notice of him. Because of the said illegal act of the first opposite party, the complainant had sustained financial loss and mental agony and the first opposite party is liable to the complainant for the same. Therefore the complainant prays for allowing the complaint.
7. In order to prove the allegations of the complainant, the complainant adduced oral evidence as PW1 and produced 2 documents which are marked as Exts. A1 and A2. Ext. A1 is the bill No. B-283 dated 03.03.2013 of the first opposite party showing the price of 10 chappathi as Rs. 170/-. Ext. A2 is the bill No. 3086 dated 04.03.2013 of Hotel Kaveri, Kozhencherry showing the price of 5 chappathi as Rs. 35/-.
8. On the basis of the complaint, oral testimony of PW1 and Ext. A1 it is seen that the first opposite party charged Rs. 17/- for one chappathi without any side dishes. At the same time, Ext. A2 shows that the price of one chappathi charged by Hotel Kaveri at Kozhencherry is only Rs. 7/-. According to the complainant, the hotel of the first opposite party is only an ordinary hotel and the price charged for one chappathi is exorbitant and it is an illegal act and also an unfair trade practice and is a clear exploitation of customers. Since opposite parties, including second and third opposite parties who are the competent authorities to say whether the price charged by the first opposite party is reasonable or not, are exparte, we are of the view that Rs. 17/- charged for one chappathi by the first opposite party is illegal and is an exploitation which is not allowable in the interest of justice. Hence the case of the complainant stands proved as unchallenged. Therefore, this complaint is allowable.
9. In the result, this complaint is allowed, thereby the first opposite party is directed to return Rs. 100/- (Rupees Hundred only) the excess amount collected by the opposite party along with Rs. 2,500/- (Rupees Two thousand five hundred only) as compensation and Rs. 500/- (Rupees Five hundred only) as cost to the complainant within 10 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount from the first opposite party with 10% interest per annum from today till the realization of the whole amount.
10. Opposite parties 2 and 3 are directed to conduct necessary inspections for ensuring that the hotels are not collecting any excess price than the fixed price published by the District Administration for the supply of food items and if any acts like this are found, authorities should take appropriate legal action against them.
Declared in the Open Forum on this the 27th day of April, 2013.
(Sd/-)
K.P. Padmasree
(Member)
Sri. Jacob Stephen (President): (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Mohanan Nair.
Exhibits marked on the side of the complainant:
A1 : Bill No. B-383 dated 03.03.2013 for Rs. 194/- issued by the
first opposite party to the complainant.
A2 : Bill No. 3086 dated 04.03.2013 issued by Hotel Kaveri,
Kozhencherry to the complainant.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Mohanan Nair, Valiyakalayil, Kanjeettukara P.O.,
Ayroor – 689 611.
(2) Manager (Proprietor), Arya Bhavan Hotel,
Kozhencherry Plaza, Kozhencherry P.O.
(3) District Supply Officer, Collectorate, Pathanamthitta.
(4) District Collector, Pathanamthitta.
(5) The Stock File.
