Punjab

Sangrur

CC/627/2017

Kapil - Complainant(s)

Versus

Moti Mehal Delux - Opp.Party(s)

Sh.Tarun Goyal

16 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

               

                                               

                                                Complaint No.    627

                                                Instituted on:      27.11.2017

                                                Decided on:       16.01.2018

 

 

Kapil son of Shish Pal Goyal, resident of Street No.1, Jakhal Road, Sunam, District Sangrur.

                                                        …Complainant.

                                Versus

1.             Moti Mehal Delux, Nankiana Chowk, Sangrur through its Proprietor.

2.             Moti Mehal Delux, Nankiana Chowk, Sangrur through its Manager.  

                                                        …Opposite parties

 

For the complainant    :       Shri Tarun Goyal, Advocate.

For OPs                    :       Exparte.

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg,   Member

                Vinod Kumar Gulati, Member

 

 

Order by : Sukhpal Singh Gill, President:

 

1                      Shri Kapil, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 19.11.2017, the complainant along with his friends went for dinner at the restaurant of the OPs and the complainant ordered some food items and drinks from the menu of the OPs.  After eating dinner and taking drinks, the OPs handed over the bill number 101413 dated 19.11.2017 to the complainant for Rs.1830/- including all taxes and after giving discount of 10% and when the complainant seen the bill he found that the discount was only 4.2%.  As such, the complainant immediately approached the cash counter of the OPs and apprised that the discount is only 4.2% instead of 10% and requested for refund of the amount of Rs.108/- so charged in excess, but all in vain.  The complainant again requested the Ops for refund of the amount of Rs.108/- so charged in excess, but all in vain. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund to the complainant an amount of Rs.108/- charged by it in excess and further to pay compensation and litigation expenses.

 

2.             Record shows that the OPs were proceeded exparte on 19.12.2017, as they failed to appear despite service.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit and Ex.C-2 copy of bill and closed evidence.

 

4.             We have carefully perused the complaint and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             It is an admitted fact that the complainant had approached the OPs for dinner on 19.11.2017 and further it is an admitted case that the complainant paid an amount of Rs.1830/- after taking dinner, as is evident from the original bill on record as Ex.C-2. The grievance of the complainant is that though the Ops provided 10% discount on the bill amount, but actually the Ops provided 4.2% discount only instead of 10%.  A bare perusal of the bill Ex.C-2 clearly reveals that the bill amount is Rs.1859/- and the discount has been provided only Rs.77.80/- whereas it comes to Rs.185.90 when calculated @ 10% meaning thereby the OPs charged an excess amount of Rs.108/- from the complainant. There is no explanation from the side of the Ops that why they charged an amount of Rs.108/- from the complainant in excess, as such, we feel it is a clear cut case of deficiency in service and unfair trade practice on the part of the OPs.  It is worth mentioning here that the OPs chose to remain exparte. 

 

6.             Accordingly, in view of our above discussion, we allow the complaint and direct the OPs to refund to the complainant an amount of Rs.108/- and further to pay to the complainant an amount of Rs.10,000/- in lieu of compensation for mental tension and harassment and further to deposit an amount of Rs.15,000/- in Consumer Legal Aid Account maintained with this Forum. 

 

7.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

 

                Pronounced.

                January 16, 2018.

 

                                                        (Sukhpal Singh Gill)

                                                                President

                                                                               

                                                                                       

                                                                (Sarita Garg)

                                                                   Member

 

 

 

                                                          (Vinod Kumar Gulati)

                                                                     Member