Punjab

Faridkot

CC/17/274

Sunil Kumar - Complainant(s)

Versus

Shahi Haveli - Opp.Party(s)

Jaswant Singh

11 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

C.C. No. :                      274 of 2017

Date of Institution:         17.08.2017

Date of Decision :          11.03.2019

 

Sunil Kumar aged about 29 years son of Mahinder Kumar resident of Mai Godri Sahib, Kotkapura Road, Faridkot District Faridkot.

...Complainant

Versus

1. The Manager/owner of Hotel Shahi Haveli, Kotkapura Road, Faridkot District Faridkot.
2. The Managing Director of Hotel Shahi Haveli, Kotkapura Road, Faridkot District Faridkot.
3. Civil Surgeon, Civil Hospital, Faridkot.

                                            ....Opposite parties

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Smt. Param Pal Kaur, Member.

 

Present:      Sh Jaswant Singh, Ld Counsel for complainant,    

                  Sh P L Chaudhary, Ld Counsel for OP-1 and OP-2,

                  OP-3 Exparte.

* * * * * * * * * *

ORDER

(Ajit Aggarwal, President)

                           Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops for not providing him clean

 

                          cc no.-274 of 2017

fresh water and  for seeking directions to pay Rs.80,000/- as compensation for mental agony and harassment besides litigation expenses.

2                                         Briefly stated, the case of the complainant is that on 24.06.2016,  complainant alongwith his friends namely Pritpal Singh and Dr Harish went to hotel of OPs for dinner where employees of OPs served them water in sealed bottle. Complainant requested them to supply clean water without bottle, but they insisted that they have water only in sealed bottles and do not have any such clean water without bottle and insulted the complainant and his friends saying them to take food if they want, otherwise they can go. Thereafter, complainant and his friends kept waiting for long time, but they did not serve them clean water and then complainant and his friends had to return without taking dinner and safer water. Complainant immediately reported regarding rude behaviour of said employees to OP-1 and OP-2, but they did do anything needful. All this amounts to deficiency in service and trade mal practice. Act of OPs in not providing clean water to complainant and his friends has caused huge harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.

3                                             The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 21.08.2017, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                        OP-1  and OP-2 filed reply through counsel wherein took preliminary objections that complaint filed by complainant is false and frivolous and is based on baseless allegations. They have denied all the allegations

cc no.-274 of 2017

of complainant being concocted ones and asserted that complainant and his friends  never visited their restaurant on 24.06.2016 and when they did not visit their hotel how can they supply them mineral water. It is averred that complainant is a blackmailer and is in habit of blackmailing the owners of hotels and extorting money from them. it is further averred that they always supply clean and filtered water to their customers and it is wrong that they ever compelled their customers for purchasing mineral water bottles and moreover, they never charged any mineral bottle beyond the MRP rate. It is reiterated that there is no deficiency in service on their part. All the other allegations are denied being wrong and incorrect and prayed for dismissal of complaint with costs.

5                                        OP-3 also filed reply wherein asserted that their department keeps making checking time to time. On 22.12.2016 they took samples of cheese and curd and on 4.07.2017 samples of dishes/daal and packed water were taken by them and after testing, Food Analyst, Chandigarh vide his report, passed all the samples of this hotel. It is observed that after filing the written reply, OP-3 did not appear in the Forum either in person or through counsel and also did not produce any evidence. Therefore, vide order dated 7.03.2018, OP-3 was proceeded against exparte.

6                                                          Parties were given proper opportunities to produce evidence to prove their respective case. Ld counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-5 and then, closed the evidence.

7                                                         To controvert the allegations of complainant, ld counsel for OP-1 and 2 tendered in evidence affidavit of Sukhbir Singh Ex OP-

cc no.-274 of 2017

1,2/1 and then after availing several opportunities, when OP-1 and OP-2 did not conclude their evidence and then, evidence of OP-1 and 2 was closed by order of this Forum.

8                                                   From the careful perusal of record and after going through evidence and documents produced on file by complainant as well as OPs, it is observed that case of complainant is that he alongwith his friends went to the restaurant of OPs for dinner and at that place, employees of OPs served them sealed water bottles and on request of complainant for clean water in loose form, they refused to provide the same asserting that they do not have such water and water only in sealed bottles is available with them and also humiliated complainant and his friends and thereafter, they left the place without taking any dinners. All this amounts to deficiency in service and has caused harassment to them. In reply, OP-1 and OP-2 denied all the allegations of complainant being concocted ones and asserted that complainant is a blackmailer and is in habit of extorting money from hotel owners by blackmailing them. They have totally denied that complainant alongwith his friends visited them for dinner and they never served any water to them in sealed bottles. It is asserted that they provide fresh, clean and filtered water to their customers and never compel them to purchase mineral water bottles and moreover, they never sell any water bottle beyond its prescribed MRP. All the  other allegations are also denied being wrong and incorrect and prayed for dismissal of complaint with costs.

9                                                       Grievance of complainant is that OPs did not supply them fresh clean water, rather forced them to purchase their mineral water bottles on excessive rates. It is observed that it has become tendency of big hotels

cc no.-274 of 2017

and restaurants to earn money even by selling mineral water bottles instead of  clean fresh filtered water in loose form. It is the duty of OPs to provide fresh, clean and purified water alongwith food without charging any cost but by doing practise of putting sealed water bottles alongwith food, they indirectly force the customers to purchase the same on heavy costs. It amounts to deficiency in service on their part.

10                                                 From the above discussion and keeping in view the evidence produced by parties, this Forum is of considered opinion that there is deficiency in service on the part of OP-1 and OP-2 in not providing clean water to complainant. Therefore, present complaint is hereby allowed against OP-1 and OP-2. OP-1 and OP-2 are directed to pay Rs.4,000/-to complainant as compensation for harassment and mental agony suffered by him and Rs.1500/- as  litigation expenses. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. There seems to be no role of OP-3 in redressing grievance of complainant and therefore, complaint against OP-3 stands hereby dismissed. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 11.03.2019

(Param Pal Kaur)                  (Ajit Aggarwal)  

          Member                               President