Punjab

Sangrur

CC/35/2018

Khushvir Singh - Complainant(s)

Versus

Moti Mehal Delux - Opp.Party(s)

Sh.Sukhraj Singla

11 Jun 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 35                                                                                           

                                                                  Instituted on:  02.02.2018                                                                                    

                                                                 Decided on:    11.06.2018

 

Khushvir Singh son of Darbara Singh resident of Village Punnawal, Tehsil Dhuri, District Sangrur.     

                                                …. Complainant.   

 

Versus

 

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

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

                                                                                                                                    ….Opposite parties.

 

FOR THE COMPLAINANT:          Shri Yashwinder Singh Advocate                          

 

FOR  THE OPP. PARTIES  :            Shri G.S.Nehal, Advocate                          

 

 

 

Quorum

                            

Sukhpal Singh Gill, President

Sarita Garg,  Member

 

 

ORDER:  

 

 

Sarita Garg, Member

 

1.             Khushvir Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he alongwith his friend went to the restaurant of OPs for dinner  and ordered some food items alongwith drinking packed water as  per OPs menu in which said item was specifically  mentioned @ 18% per packed water.  The complainant  paid Rs.505/-  as per bill vide bill number 102675 dated 25.12.2017. The complainant checked the bill  and found that the rate of  packed water was mentioned Rs.20/- per item on the bill while on the bottle packed water the MRP was  mentioned  Rs.19/-. The complainant approached the OPs  and requested that they have charged excess price for packed water but the OPs could not give any satisfactory reply. The complainant also requested   the Manager to refund  the excess price of packed water charged  by the OPs but the OPs have flatly refused to accede the request. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to refund Rs.2/-  with interest.  

ii)     OPs be directed to pay to the complainant a sum of Rs.30,000/- on account mental agony and harassment.

iii)     OPs be directed to pay Rs.22000/- as litigation expenses.

2.             In reply filed by the OPs,  it is admitted that the as per  the menu  of the OPs, the rate of packed  water bottle is mentioned as Rs.18/-  and anybody purchased the packed water bottle, then the OPs charged Rs.18/- from that person  and if anybody  drink the same in the restaurant then the OPs charged Rs.20/-  for said bottle  because the OPs providing the services  to the customer.  It is correct that the OPs charged Rs.20/-  for the packed water bottle  from the complainant.  It is stated that  representative of the OPs disclosed to the complainant that if anyone  drink water by sitting in the restaurant then   they charged Rs.20/-  of the same. Thus there is no deficiency in service on the OPs. 

3.             The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence. On the other hand OPs has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.

4.             The main point of controversy in the present complaint is that the OPs have charged Rs.20/- for water bottle and as such  they have charged Rs.2/- in excess whereas in the menu the  OPs  the OPs have mentioned the price of the water bottle is Rs.18/- The Ops have specifically stated in their written statement that   as per  menu of the OPs, the rate of packed water  bottle is mentioned as Rs.18/- and anybody purchased the packed water bottle  then the OPs charged Rs.18/- and if anybody drinks the same in the restaurant then the OPs charged Rs.20/-on the packed water bottle. The  OPs have specifically stated in their written statement that  their representative  had disclosed  to the complainant that if anybody drinks water by sitting in the restaurant then they charged Rs.20/- for packed bottle.  From the perusal of entire file and documents produced by the OPs we do not find any document which could show that the OPs intimated the complainant about excess charging  if the complainant drinks the water bottle  by sitting in their restaurant. Even the OPs have not produced any copy of the notice board which supports the version of the OPs in this regard. Moreover, the  OPs have not produced a copy of the menu of the restaurant which proves that  same was  mentioned in it. Rather the complainant has produced a copy of the menu Ex.c-3 which clearly shows that price of the packed water bottle is Rs.18/-. The complainant has also produced retail invoice/cash memo Ex.C-2 in which the cost of the packed water bottle was charged Rs.20/-.  As  such, it is clear that the OPs have charged  Rs.2/- in excess  from the complainant which is a clear cut unfair trade practice on the part of the OPs.  The Ops have produced on record copy of judgment of the Hon'ble Supreme Court of India namely Federation of Hotel and Restaurant Associations of India Vs. Union of India and Others,  Civil Appeal No. 21790 of 2017 which, in our opinion is not applicable to the facts of the present complaint because in the instant case the matter relates to  excess charges inspite of particular mentioning the rate of water bottle in the menu.

6.             For the reasons recorded above, we find merit in the present complaint and as such same  is allowed. Accordingly, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.5000/- on account of mental pain, agony, harassment and litigation. The  OPs are further directed to deposit an amount of Rs.10000/- in the Consumer Legal Aid Account which is maintained in with this Forum.       

7.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                June 11, 2018

 

 

                        (SaritaGarg)                              ( Sukhpal Singh Gill)                                                                                                                                                                                               

 Member                                      President