Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                        Complaint No. : 247.

                                                                        Instituted on     : 20.05.2019.

                                                                        Decided on       : 09.09.2019.

Vivek Kaushik Age 32 years s/o Sh. Gita Ram, R/o H.No.1601/21, chunni Pura, Rohtak-124001(Haryana).

                                                                                    ………..Complainant.

                                    Vs.

Proprietor, Hotel Ramaya, 4^th Floor, Ambedkar Chowk, Opp. LPolice Line, Rohtak-124001(Haryana).

……….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:      DR. RENU CHAUDHARY, MEMBER.

                        MS. TRIPTI PANNU, MEMBER.

Present:          Sh. Digvijay Jakhar, Advocate for the complainant.

                        Opposite party already exparte.

                                                ORDER

RENU CHAUDHARY, MEMBER:

1.                                 Brief facts of the case are that on 15.05.2019, the complainant with his friend went to respondent’s hotel and had some food alongwith mineral water bottle and the respondent charged more than MRP from the complainant for 1 mineral bottle @ Rs.50/- alongwith CGST Rs.1.25/- & SGST Rs.1.25/- (total Rs.52.50/-) whereas MRP Rs.20/- was printed on it and in this manner the respondent charged Rs.32.50/- extra from the complainant. That the respondent had served packed drinking water instead of mineral water and not only this when complainant requested the respondent official to call the manager then he refused the same. That the garbage was lying in the restaurant premises, toilets/washrooms were also stinking and not properly maintained. That the complainant also complained about the same to the respondent and requested them to return the excess amount charged by him, but they refused to do so. That the act of by opposite party is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to pay Rs.52.20/- for billed amount alongwith interest @ 24% per annum from the date of billing till the date of final payment and Rs.15,000/- as consultancy fee and litigation expenses and Rs.75,000/- as compensation on account of deficiency in service etc. to the complainant as explained in relief clause.

2.                                 After registration of complaint, notice was issued to the opposite party. Opposite party failed to appear before the Forum, hence, opposite party was proceeded against exparte vide order dated 11.06.2019 passed by this Forum.

3.                                 Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 08.08.2019.

4.                                 We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                                 After going through the file and hearing the parties it is observed that as per copy of bill Ex.C1 dated 15.05.2019 the cost of mineral water is Rs.50/- and as per copy of print of bottle, the MRP is Rs.20/-. It is also observed that the opposite party has charged Rs.52.20/- for the mineral water whereas supplied the packed bottle  of drinking water which is of Rs.20/- only. To prove this fact, complainant has also placed on record a CD which is Ex.C4. Hence from the documents placed on record, it is proved that there is unfair trade practice on the part of opposite party. On the other hand opposite party did not appear despite service and as such it is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding charging more than MRP stands proved.

6.                                 In view of the facts and circumstances of the case, we hereby allow the complaint with direction to the opposite party to refund excess amount charged by the opposite party from the complainant i.e. Rs.30/-(Rupees thirty only) and also to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of unfair trade practice and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision, failing which opposite party shall be liable to pay interest @ 9% p.a. on the awarded amount from the date of decision.

7.                                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

09.09.2019.                                                  

                                                                        ……………………………….

                                                                        Renu Chaudhary, Member.

                                                                        .......................................

                                                                        Tripti Pannu, Member.