DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No. 874 of 2018
Date of institution: 28.08.2018 Date of decision : 29.09.2020
Lalit Mohan, House No.282, Badheri, Sector 41-D, Chandigarh.
…….Complainant
Versus
The Brew Master, Micro Brewery, SCO 5-6, 3rd Floor, Phase-5, Mohali through its General Manager/Authorised Signatory.
……..Opposite Party
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member
Shri Inderjit, Member
Present: Shri Manoj Kumar Rohilla, counsel for complainant.
OP Ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short). It is mentioned in the complaint that the CC, while enjoying some celebrations with his friends in the restaurant of the OP, ordered some meal and wine for himself and his friends on 14.07.2018. The CC was shocked to see the bill the amount of which was Rs.3,338/- inclusive of service charges of Rs.282.50. It is alleged that charging of service charges was not the legal entitlement of the OP since the OP had already charged VAT on liquor and GST on food items. The CC requested the Manager of the OP to withdraw the service charges and refund the amount of Rs.282.50 but of no use.
Thus alleging deficiency in service on the part of the OP, the CC has sought refund of Rs.282.50 from the OP alongwith Rs.30,000/- as damages for physical and mental harassment and Rs.10,000/- as litigation expenses. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.
2. The OP has chosen to remain ex-parte. It is important to mention here that the OP was proceeded against ex-parte vide order dated 13.11.2019 of this Commission.
3. We have heard learned counsel for the complainant and have also gone through the record of this case.
4. From the very perusal of complaint it appears that the CC is trying to conceal something important from this Commission. The CC has not mentioned his full address in the complaint. He has no where mentioned even his father’s name in the complaint. Even the affidavit attached with the complaint is not attested in accordance with rules. The CC has no where signed the attestation of the affidavit. The CC has submitted photocopy of the bill but this photo copy of the bill is not showing the name of the CC. It is possible that the bill might have been procured. Moreover, there is nothing clearly mentioned in the bill that the amount of Rs.282.50 pertains to what. Moreover there is nothing whether the CC made any card payment and money went to the OP through his account.
5. No doubt it is possible that the OP might have charged service charges to the tune of Rs.282.50 but at the same time it appears that the bill does not belong to the CC and also the CC has intentionally concealed his complete address. The Consumer Commissions are established by the Central Govt.’s Act, to help the bonafide consumers. At the same time it is the duty of the Commission to reject the frivolous and vexatious complaints. We are not satisfied with the contents of the complaint as well as the bill submitted by the CC.
6. Accordingly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Free certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
September 29, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
(Inderjit)
Member
