- Allegations in brief are, on 6.7.2019, complainant visited the outlet of the OP alongwith his friend named
Sh. Amanpreet Singh and placed order of six pan pizzas against payment of Rs.625/-. The complainant had told to provide carry bag free as per direction of the Consumer Courts, but, the OP charged Rs.13.33 for the carry bag from him. Further case of the complainant is, he had asked the OP to provide oreganos, chili flakes and tissue papers etc. with the pizzas, but, the same were not put in the carry bag as a result of which, he had to suffer great humiliation before his friends as the pizzas were purchased for a party. Hence, the complainant alleged deficiency in service and unfair trade practice on the part of the OP and prayed for direction to the OP to refund the invoice amount of Rs.625.09 including the carry bag charges of Rs.13.33 alongwith interest etc. - Per one sided version of the complainant, it could be inferred, complainant had purchased the pizzas and had consumed the same alongwith his friends. If the oreganos, chili flakes and tissue papers etc. were not supplied with the pizzas, then the pizzas could have been returned to the OP to complete it or to refund the amount. However, it was not done.
- A perusal of the tax invoice (Ex.C-1) shows, on the foot of the same, it was mentioned, Oregano and Chili flakes sachets were served alongwith the order for immediate consumption. Thus, the whole action of the complainant becomes doubtful that oreganos and chili flakes were not supplied with the order.
- The case of the complainant is, in spite of being asked by him, carry bag was not supplied free of cost, but, an amount of Rs.13.33 was paid by him. Now we shall connect the averments made with the tax invoice (Ex.C-1) which shows, charges for carry bag do not find mention in the same. One item “36.8 cm x 30.5 cm Pap” was charged Rs.13.33 and not the carry bag. It could be in the form of papers likely to be demanded by the complainant as the food product was to be shared by many persons and on their order this amount was charged on being supplied papers for the purpose. It nowhere mentions, amount for the carry bag was also charged. Further, even if the version of the complainant is believed, he could have refused to buy the carry bag. It is not the complainant’s case that he was compelled to buy the carry bag. Hence, the consumer complaint of the complainant is misconceived and from there prima facie no case of unfair trade practice or deficiency in service is made out. Accordingly, we proceed to dismiss the consumer complaint, at preliminary stage.
- The certified copies of this order be sent to the complainant free of charge. The file be consigned.
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