Haryana

Panchkula

CC/215/2023

MR PANKAJ CHANDGOTHIA - Complainant(s)

Versus

THE COFFEE BEAN & TEA LEAF - Opp.Party(s)

09 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA.

                                     

Consumer Complaint No.	:	215 of 2023
Date of Institution	:	11.09.2023
Date of Decision	:	09.01.2024

Mr. Pankaj Chandgothia, aged 54 years S/o Late Sh. R. S. Chandgothia, Flat No.204, Dahlia Block, Amravati Enclave, Panchkula – 134105.

 ...Complainant

Versus 

1. The Coffee Bean & Tea Leaf, M/s Vision Hospitality Solutions, The Bella Vista, Sector 5, Panchkula-134113 through its Owner/Manager.
2. M/s Vision Hospitality Solutions, 380, Industrial Area-II, Chandigarh –      160002 through its Partner/CEO.

 ….Opposite Parties

COMPLAINT UNDER SECTION 34 and 35 OF THE CONSUMER PROTECTION ACT, 2019 AS AMENDED UPTO DATE

Before:        Mr. Satpal, President.

                   Dr. Sushma Garg, Member.

                   Dr. Barhm Parkash Yadav, Member.

                                                         

Present:-      Sh. Pankaj Chandgothia, Complainant.

                   Sh. Sunny Abrol, Authorised Representative of OPs No. 1 and 2.

 

1.                 Today the case is fixed for filing replication, if any, and evidence by the Complainant. At this stage, Shri Sunny Abrol, Authorised Representative of OPs No. 1 and 2, by making a separate statement, has stated that the Hon’ble State Consumer Commission, U.T. Chandigarh has passed an order dated 28.12.2023 in Consumer Complaint bearing No. 99 of 2023 titled as ‘Pankaj Chandgothia Vs. The Coffee Bean & Tea Leaf and another’, wherein, the Hon’ble State Consumer Commission, U.T. Chandigarh has granted relief, compensation and costs as per Para No. 14 of the said order. It is further stated that the present case exactly pertains to the same matter, and between the same parties; hence, the OPs are agreeable for amicable settlement in the same terms i.e. as per said order dated 28.12.2023.

2.                 On the other hand, the Complainant, by making a separate statement, has stated that he has read the statement made by Shri Sunny Abrol, Authorised Representative of OPs No. 1 and 2, today, and that he agrees with the same and thus, prayed that the present complaint may be disposed of in tune with the order dated 28.12.2023, passed by the Hon’ble State Consumer Commission, U.T. Chandigarh, in Consumer Complaint No. 99 of 2023 titled as ‘Pankaj Chandgothia Vs. The Coffee Bean & Tea Leaf and another’.

3.                We have heard the parties and perused the said order dated 28.12.2023, passed by the Hon’ble State Consumer Commission, U.T. Chandigarh, in Consumer Complaint No. 99 of 2023 titled as ‘Pankaj Chandgothia Vs. The Coffee Bean & Tea Leaf and another’, which has been partly accepted. The Para No. 14 of the said order is reproduced as under:-

“14]              For the reasons recorded above, the complaint is partly accepted and the opposite parties, jointly and severally, are directed as under:-

1. to immediately delete the personal information of the complainant from their electronic database and wherever reflected in their records and not to indulge in unfair contract & unfair trade practice and “dark patterns” practices;
2. to strictly act in accordance with the instructions/circular bearing No.D.O. No.J24/34/2023-CPU dated 26.05.2023 of Government of India, Department of Consumer Affairs and not to obtain mobile number & personal details of the customers without their express consent;
3. to pay consolidated compensation of Rs.2,500/- for causing mental agony and physical harassment to the complainant on account of adoption of unfair trade practice within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry interest @9% p.a. from the date of default i.e. after expiry of 30 days’ period till realization.
4. to deposit an amount of Rs.10,000/- in the Consumer Legal Aid Account bearing No.32892854721 maintained by this Commission in State Bank of India, SCO No.15, Sector 7C, Madhya Marg, Chandigarh (IFSC: SBIN0003246), within a period of 30 days, from the date of receipt of a certified copy of this order.”

4.                In view of the statement made by the parties as well as said Order dated 28.12.2023, we partly allow the present complaint and the opposite parties No. 1 & 2, jointly and severally, are directed as under:-

1.           to immediately delete the personal information of the complainant from their electronic database and wherever reflected in their records and not to indulge in unfair contract & unfair trade practice and “dark patterns” practices;
2.           to strictly act in accordance with the instructions/circular bearing No. D.O. No.J24/34/2023-CPU dated 26.05.2023 of Government of India, Department of Consumer Affairs and not to obtain mobile number & personal details of the customers without their express consent;
3.           to pay consolidated compensation of Rs.2,500/- for causing mental agony and physical harassment to the complainant on account of adoption of unfair trade practice within a period of 30 days, from the date of receipt of a certified copy of this order, failing which, the said amount shall carry interest @9% p.a. from the date of default i.e. after expiry of 30 days’ period till realization.
4.           to deposit an amount of Rs.10,000/- in the account of the Poor Patient Welfare Fund(PPWF) through the Director, Post Graduate Institute of Medical Research & Education, Chandigarh by way of DD/ pay order and accordingly,  the OPs No.1 and 2 are directed  to send the DD/Pay order amounting to Rs.10,000/- in favour of  the Director, Post Graduate Institute of Medical Research & Education, Chandigarh for deposit  of the same in the account of Poor Patient Welfare Fund(PPWF).                 

5.                 The OPs No.1 & 2 shall comply with the directions/orders within a period of 45 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs No.1 & 2. A copy of this order shall be forwarded, free of cost, to the parties to the complaint as well as the Director, Post Graduate Institute of Medical Research& Education, Chandigarh, and file be consigned to record room after due compliance. 

                   A copy of this order be sent to the parties, free of costs and File be consigned to the record room, after due compliance.

Dt.              (Dr. Barhm Parkash Yadav)       (Dr.Sushma Garg)               (Satpal)

09.01.2024         Member                                Member                 President