SRI G.K. RATH, PRESIDENT … The substance of case is that, the complainant on dt.24.09.2017 intended to go to Jeypore, some unknown person said him that Lokesh hotel is taste and low price tiffin hotel of Jeypore, and one should go to the hotel once. The complainant remembered that as there is a hotel named lokesh situated at Nabarangpur, the complainant thought the unknown person is an agent of OP. As per his reference the complainant had been to the Lokesh hotel situated at Jeypore and indents Idly and Dosa by availing a ticket by paying Rs.65/-. He asked the staff who issued ticket, for price of different indented items but without averring his requests he said that ask the price to the owner of the hotel. Hence he asked the price of different tiffins to the owner who was at the main counter, but he without averring the different prices demands Rs.65/-. The complainant handed over him a hundred rupees currency but the owner returned him Rs.30/- along with a chocolate @ Rs.5/-. The complainant objects to take the chocolate instead of Rs.5/- but the owner abuse him in filthy language infront of other customers in Telugu language and warned him to go out of the hotel. Finding no other way the complainant stayed at outside and asked other customers the price of idly and Dosa, they said that a piece of idly is Rs.10/- and Rs.25/- per a Dosa, so the complainant could know that he has consume tiffin for only Rs.45/- i.e 02 idly and a plain Dosa but the owner has taken forcibly Rs.65/- from the complainant. Hence after the rude behavior of OP infront of other customers, the complainant inflicted to immense mental agony and loss of prestige. Hence the complainant craves for the leave of this forum and prayed to direct the OP to pay a sum of Rs.50,000/- to the complainant for such negligence, deficiency in service and unfair trade practice in the interest of justice.

2.       The counsel for OP has entered his appearance on 07.11.2017 and filed counter to contend that, there is no branch hotel of this OP at Nabarangpur and no part of cause of action arouse inside Nabarangpur District, hence the case is not maintainable as the forum lacks jurisdiction to try the same. He further contends that the complainant never visited the hotel of OP in any point of time. He submitted that there are two counters in the hotel, one is tiffin counter and another is collection counter, and generally after having their tiffin, the said counter issues bill as per consumption to a person and the said persons pay the bills along with amount before left the counter. So the pleading of prepaid is not true and which proves that the complainant never visited the hotel of OP at Jeypore. He further submitted that, the price of a idly is Rs.10/- and a cost of Onion Masala Dosa is Rs.45/-, and the complainant might have taken 02 idly and a Onion masala Dosa which aggregating to Rs.65/-, hence the OP has not taken any extra amount from the complainant. He further contends that the OP neither pushing sale of chocolate worth Rs.5/- nor abuse to the complainant. So there is no deficiency established on the part of OP, hence he prayed to dismiss the case with cost. 

3.       The complainant has filed affidavit in support of his claim. The counsel for OP filed nothing except his counter, so the forum decided to proceed the matter as per valuable contentions of both parties on merit. Heard from both the parties at length, perused the record and submissions considered.

4.       Without prejudice, the grievance of complainant is that, the complainant from sources knowing good hotel attended the OP hotel for some tiffin like idly and Dosa and said to have that the OP without availing price chart taken cost of tiffins in monopolistic manner and also doing side business of chocolate in lieu of changes of coin and on protest the OP abusing, warned in front of other customers to get out from the hotel. Hence this complaint for excess price without having any price chart as well as non issuance of tiffin bills to the customers.

5.       We have carefully gone through the complaint, the counter by OP.s and restricted our adjudication to the following points-

A.      Whether the forum has jurisdiction to entertain the case ?

B.      Whether the complainant a consumer under the OP.s ?

C.      Is there any deficiency in service on the part of the OP in regard to the present transaction?

D.      Is there any remedy available to the parties in the lis ?

6.       It reveals that the OP contends in his counter that the OP has no business at Nabarangpur, but it is seen that there is not even an iota of evidence on the part of OP to contend on the point of jurisdiction of this forum. But on hearing the complainant vehemently urged that the OP Hotels are well established its branch within the local District, one is at Nuabandh Street at near Andhra Bank in the Po/Ps/Dist of Nabarangpur and another hotel is at near to Lord Jagannath temple main Road, Po/Ps Indravati, Dist of Nabarangpur in the name and style of Lokesh Hotel for both categories of Tiffin and Meals but the OP misrepresented in his counter that there is no such business transaction of OP within the Nabarangpur area i.e. within the judicature of this forum as per Sec.11 of the C.P.Act 1986. So relying the contentions of complainant we outrightly reject the objections of OP on the point of jurisdiction. 

7.       Now, whether the complainant is a consumer under the OP and is there is any deficiency in service on the part of OP ?. In this context the complainant in support of his case has filed his own affidavit wherein he contends that he had attended the so called hotel for some tiffin which accumulated to Rs.65/- hence paid Rs.100/- at the cash counter, where the counter man refund him Rs.30/- along with a chocolate of Rs.5/- forcibly in lieu of insufficient change but on objection the OP abuse him in filthy languages in telugu and warned the complainant in front of others not to come to his hotel and in the meanwhile the OP denied to issue any cash bill to that effect on demand. It is pertinent to mention here that the OP per se in his counter admitted that the OP hotel has two counters, one is issuing ticket for the indent tiffin and another counter is receiving cash obtaining the tickets from the customers. Hence from the entire transactions we have came to conclusion that the OP never issued any cash bill to his customers and running its business in a monopolistic manner which seems that the complainant is a bonafide consumer under the OP and the OP did not render him proper service to him violating law of the land.

8.       We are therefore of the view that the complainant inflicted upon him great mental agony with the unscrupulous behavior and unfair trade practice on the part of OP, which cannot be compensated in terms of money, however to overcome such infliction he is entitled for compensatory relief. Further it is observed that, the OP neither filed a scrap of documents as evidence nor filed any affidavit in support of his claim, though on contrary the OP in his counter averred about the prices of Idly and Dosa but failed to establish the same through cogent evidence like Manu chart or price list chart of the hotel before us. Hence there is nothing to unbelief the contention of complainant. So the OP misrepresented this forum with vogue pleas on jurisdiction etc, hence we found highhanded, arbitrary, illegal, unfair trade practice and serious deficiency in service on the part of OP and the complainant is legal entitled to get such relief as claimed for mental agony and losses. As thus we allowed the complaint against the OP with costs.

                                                          ORDER

i.        The opposite party supra is hereby directed to pay Rs.15,000/-( fifteen thousand) as compensation towards malfeasance actions with arbitrary manner, inter alia, to pay Rs.5000/- (Five Thousand) as cost of litigation to the complainant.

ii.       All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry extra Rs.50/- per day till its realization. Pronounced on this the 09th day of April' 2018.

MEMBER                                 MEMBER                                  PRESIDENT,DCDRF,

Memo No__________________/DF              Dt……………………

Copy to the parties concerned.

                                                                                                     PRESIDENT,DCDRF,

                                                                                                         NABARANGPUR.