DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 26th day of March 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing : 15/12/2011
(C.C.No.194/2011)
Shaji
S/o.Koyakkutty,
Palliyalil Veedu,
Cherulli,
Karimba P.O. – 678 597 - Complainant
(By Adv.T.V.Sudharsh)
V/s
The Manager / Proprietor,
Malabar Hotel & Fast Food,
Opp.Railwaystation,
Shoranur. - Opposite party
(By Adv.P.M.Jaya)
O R D E R
By Smt.SEENA.H. PRESIDENT
Complainant filed this complaint alleging deficiency in service on the part of opposite party hotel on account of not displaying the price list of the food items and also with respect to the indecent behaviour of the staff of the hotel. It is stated that price charged for meals is Rs.25/- and chicken curry is Rs.40/-. According to complainant price charged is very high. When enquired with the staff about the price they behaved in an indecent manner. Hence the complaint. complainant is claiming Rs.1 lakh as compensation.
Opposite party filed version denying the entire allegations of the complainant. It is stated that price list was displayed in the shop and charges levied for meals and chicken curry is not high, but is only a standard price.
When the complaint was posted for filing chief affidavit, counsel for the complainant reported no instruction. Complainant was not present on that day. Thereafter a registered notice was issued to the complainant for appearance for the day. Complainant was absent. Counsel for the opposite party represented in all the postings. Once the opposite party himself was also present before the Forum. Even though sufficient time was granted complainant has not filed his chief affidavit. It seems that complainant is not interested in proceeding with the matter and has no grievance at all. A mere allegation is made stating Rs.25/- for meals and Rs.40 per chicken curry is excess. We are of the view that complainant has made a false complaint before the Forum. Section 26 of Consumer Protection Act read as follows:
“where a complaint instituted before the District Forum, the State Commission or, as the case may be, the National Commission is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order.”
Hence we dismiss the complaint with a compensatory cost of Rs.1500/- (Rupees One thousand five hundred only) to opposite party. Order shall be complied within one month from the date of receipt of order.
Pronounced in the open court on this the 26th day of March 2012.
Sd/-
Seena.H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi A.K.
Member
