By Sri. Chandran Alachery, Member:
The Complainant filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to pay Rs.7/- to the Complainant being the excess value collected by the Opposite Party from the Complainant along with Rs.10,000/- as compensation and Rs.5,000/- as cost of the proceedings.
2. The complainant’s case in brief as follows:- the Complainant is a driver Kambalakkad town and on 30.06.2014, the complainant went to the hotel conducted by the Opposite Party at Kambalakkad to take food. The Complainant then eat two porotta and an egg curry. The Opposite Party collected Rs.36/- as bill amount from the Complainant and according to the Complainant, the Opposite Party collected an excess amount of Rs.7/- from the Complainant. According to the Complainant, the total amount will be Rs.29/-. But instead of Rs.29/-, the Opposite Party collected Rs.36/- from the Complainant. When the Complainant challenged this, the Opposite Party behaved very bad in front of public . So there is deficiency of service and unfair trade practice from the part of Opposite Party. Hence this complaint.
3. On receipt of complaint, notice was issued to the Opposite Party and the notice was served to the Opposite Party on 07.07.2014. The Opposite Party did not appear before the Forum and the Opposite Party is set exparte on 04.09.2014.
4. On verifying the complaint and documents the Forum raised the following points for consideration.
1. Whether there is deficiency of service and unfair trade practice from the part of
Opposite Party?
2. What order as to cost and compensation?
5. Point No.1:- In addition to the complaint, the Complainant filed proof affidavit and produced documents. The Complainant is examined as PW1 and document is marked as Ext.A1. Ext.A1 is the original bill issued to the Complainant by the Opposite Party. On verifying the Ext.A1 bill, the Forum found that for two Porotta a sum of Rs.16/- is charged and for one egg curry Rs.20/- is also charged and collected from the Complainant. According to the complainant, a sum of Rs.7/- is charged is excess from the Complainant. It is up to the Opposite Party to deny the allegation of the Complainant and to prove and convince the Forum about the actual price prevailing in the industry. But Opposite Party did not appear at all and denied the allegation. Hence the Forum found that there is nothing to disbelieve the case of the Complainant. Hence the Forum is of the opinion that there is deficiency of service and unfair trade practice from the side of Opposite Party. Point No.1 is found accordingly.
6. Point No.2:- Since the point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite Party is directed to pay Rs.7/- to the Complainant being the excess amount collected from the Complainant along with Rs.500/- (Rupees Five hundred) only as cost and Rs.500/- (Rupees Five hundred) only as compensation. The Opposite Party shall comply the order within one month from the date of receipt of this order, failing which the Complainant is entitled to get 12% interest from the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 26th day of September 2014.
Date of filing:30.06.2014.
PRESIDENT: Sd/- MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant.
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Bill.
Exhibits for the Opposite Party:
Nil.
