DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.358 of 2017
Date of institution: 16.05.2017 Date of decision : 10.01.2018
Amardeep Singh son of Sardar Jatinder Singh, resident of 629, Second Floor, Sector 36-B, Chandigarh, Postal Code 160036
…….Complainant
Vs
The Brewmaster, SCO 5-6, 3rd Floor, Phase-5, Mohali through its Proprietor/Manager/Authorised signatory.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member.
Mrs. Natasha Chopra, Member
Present: Shri Brijesh Khosla, counsel for the complainant.
OP ex-parte
Order by :- Shri G.K. Dhir, President.
Order
Complainant, on 01.05.2017 after visiting outlet of OP restaurant-cum-bar placed order for hard drinks and eateries at 02.44 PM and again of hard drinks at 05.17 PM. Cash memos of amount of Rs.7,636/- and Rs.358/- were handed over to complainant. Through these cash memos service charges of amount of Rs.586/- and of Rs.27.50 N.P. were claimed. Upon raising of objection by complainant, Mr. Ajay Sharma, representative of OP refused to refund those charges, despite the fact that he was disclosed that as per published news item and notification/guidelines of Govt. of India, Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) dated 21.04.2017 demand of service charges can be claimed, if voluntarily offered by customer. Act of charging of above amounts of service charges alleged to be an unfair trade practice and as such this complaint filed for directing OP to refund the amount of above charged amounts of service charges. Compensation for mental harassment and agony of Rs.50,000/- and of Rs.20,000/- for costs of litigation more claimed.
2. OP is ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-4 and thereafter closed evidence.
4. Written arguments submitted by counsel for complainant. Oral arguments heard and records gone through.
5. Invoices Ex.C-1 and C-2 shows as if food/hard drinks purchased by complainant from the OP on 01.05.2017 of worth Rs.5,860/- and Rs.275/- respectively. In addition to charging of VAT, service charges of amount of Rs.586/- through bill Ex.C-1 and Rs.27.50 N.P. through bill Ex.C-2 were charged. After going through Para No.4 and 5 of guidelines issued by Govt. of India in letter Ex.C-3 dated 21.04.2017, it is made out that practice of charging service charges by hotels/restaurants has been declared as bad practice unless service charges paid voluntarily. Rather through Para No.5 of Ex.C-3 it is declared that on bill being presented to the customer, it will be mentioned as if the service charges paid voluntarily. For rendering it payable voluntarily, the column of service charges in the bill will be left blank and that will be filled by customer before making payment. Through noting Ex.C-4 of Ajay Sharma, the representative of OP, it was admitted as if OP taking service charges. As the collection of service charges by restaurants declared as voluntarily after 21.04.2017 by guidelines issued by Govt. of India through letter Ex.C-3 and as such virtually service charges claimed in this case through bills Ex.C-1 and C-2 are against those guidelines. Column of service charges mentioned in bills Ex.C-1 and C-2 is not left blank for enabling the complainant to write anything in his hands and as such violation of instructions contained in Para No.5 of Ex.C-3 committed by OP, while issuing bills Ex.C-1 and C-2. That certainly is an unfair trade practice and as such complainant entitled for refund of said amount of service charges of Rs. 613.50 N.P. with interest @ 6% per annum w.e.f. 01.05.2017 (the date of payment) till realisation thereof. For the mental agony and harassment, complainant entitled to compensation and litigation expenses to reasonable extent, more so when OP has not come to contest this complaint at all.
8. As a sequel of above discussion, the complaint is allowed in terms that OP will refund the charged service charges of Rs.613.50 N.P. with interest @ 6% per annum w.e.f. 01.05.2017 till payment. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties free of cost and thereafter the file be indexed and consigned to the record room.
Announced
January 10, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
