DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 5th day of August 2019
Present: Smt.Shiny.P.R, President
: Sri. V.P.Anantha Narayanan, Member Date of Filing: 01/12/2016
CC/192/2016
Anas.A.A, - Complainant
S/o.Abdu,
Ambalathuveettil(House),
Thalakkottukara.P.O,
Manali, Thrissur – 680 503.
(By Adv.K.Dhananjayan)
Vs
The Proprietor, - Opposite party
New Hilux Restaurant,
Opp. K.S.R.T.C Bus Stand,
Palakkad.
(By Adv.Bejoy.N.V)
O R D E R
By Smt.Shiny.P.R, President
The case of the complainant is that on 24.11.2016 when he reached near opposite party hotel, a person canvassed him to the opposite party hotel. When he enquired about the price of lunch he said that the lunch with payasam is available for Rs.50/-. A price list showing meals with payasam for Rs.50/- also seen at the opposite party hotel. After lunch the opposite party issued a bill of Rs.75/- against the price list. When he enquired about the matter opposite party shouted and insulted in front of other customers. After that complainant is compelled to give the bill amount of Rs.75/-. Complainant submitted that by collecting exorbitant amount for vegetable meals with payasam against their price list opposite party committed deficiency in service. He further submitted that due to the above acts of opposite party he has suffered a lot of mental agony. Hence the complaint. Complainant prays for an order directing opposite party to pay an amount of Rs.25,000/- as compensation for mental agony caused.
Complaint was admitted and issued notice to opposite party. Opposite party entered appearance and filed version contending the following:-
Opposite party contended that the complainant had ordered as per the Today’s special board (kept separately) that special meals with payasam which includes a sweet for Rs.75/-. He had never made a complaint to the hotel management, authorities and staffs. Those contentions are all cooked up stories for the sake of this case. Opposite parties had never compelled the complainant to pay the excess amount bill and abused in front of the customers. This opposite party came to know about the complaint only on receiving the notice from this Hon’ble Forum. The opposite party strongly believe that this false complaint is only due to the inspiration of another nearby hotel Noble Plaza wherein which the complainant had came for painting job for several days and stayed there. The complainant has never suffered any mental agony. Hence complaint is to be dismissed.
Complainant and opposite party filed their proof affidavits. Ext.A1 and A2 series were marked from the part of complainant. Ext.A2 series marked subject to proof. Ext.B1 series was marked from the part of opposite party. Complainant was cross examined as PW1. Opposite party was cross examined as DW1.
The following issues are taken into consideration
- Whether there is any deficiency in service on the part of opposite party?
- If so what is the relief?
Issues 1 and 2
The opposite party admitted that the complainant had come there for having lunch. According to complainant opposite party collected Rs.75/- for meals with payasam in spite of Rs.50/- shown in the price list displayed in their hotel. Ext.A2 price list of opposite party hotel shows that meals with payasam Rs.50/-. Opposite party contended that the complainant had ordered special meals with payasam as per the Today’s special board (kept separately) that special meals with payasam which includes a sweet for Rs.75/-. If so, opposite party should have to issue a bill for special meals to the complainant, instead they issued a bill showing vegetable meals of Rs.75/- to the complainant. Ext.A1 bill proves that opposite party charged Rs.75/- for 1 vegetable meals. On the perusal of Ext.A1 bill issued by the opposite party to the complainant it is clear that opposite party has clearly written as Rs.75/- for vegetable meals, not for special meals.
While marking of documents produced by the complainant opposite party objected the marking of photos of price list display board. While cross examination opposite party deposed that Cu tIknte¡v A\ymb¡mc³ 2 tcJIÄ lmPcm¡nbn«pÅXns\¡pdn¨v F\n¡dnbmw. B cp tcJIfpsS sXfnhns\ kw_Ôn¨nSt¯mfw XÀ¡§sfm¶pw F\n¡v CÃ. From this it is clear that the disputed display board was placed on the day of visiting of complainant in the opposite party’s hotel.
Opposite party produced two documents before the Forum to prove their contentions. But these documents cannot be taken into consideration as specific date was not mentioned in the display board. Ext.A2 series reveals that Rs.50/- is the price of meals with payasam when the complainant having lunch. In the version opposite party admitted that they had charged Rs.75/- from the complainant for the lunch. In order to prove the contention that complainant ordered special meals with paysam opposite party has not adduced any documentary or oral evidence before the Forum. Ext.A1 and Ext.A2 series proved that opposite party had collected exorbitant amount for vegetable meals against their price list. The opposite party further contended that this false complaint is made only due to the inspiration of another nearby hotel Noble Plaza wherein which the complainant had came for painting job for several days and stayed there. No evidence is adduced before the Forum to prove these contentions. In the above circumstances we are of the view that by collecting exorbitant amount apart from their price list for the dishes from the complainant the opposite party committed unfair trade practice. Hence complainant is entitled to get compensation from the opposite party.
In the result complaint is allowed and the opposite party is directed to pay Rs.10,000/- (Rupees Ten Thousand only) as compensation and cost to the complainant.
The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 5th day of August 2019.
Sd/- Shiny.P.R.
President
Sd/-
V.P.Anantha Narayanan
Member Appendix
Exhibits marked on the side of complainant
Ext.A1 –Original lunch bill issued by opposite party’s hotel dated 24.11.2016
Ext.A2– Photo of Price list of opposite party’s hotel(subject to proof)
Exhibits marked on the side of Opposite parties
Ext.B1(series)- Photos of Hotel and Price list(2 Nos.)
Witness examined on the side of complainant
PW1 – Anas.A.A
Witness examined on the side of opposite parties
DW1 – Kabeer
Cost :
