DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No. 11 of 2012
Kalakanhu Ratha, S/o. Late Dhruba Charan Ratha, aged about 44 years, R/o. village Lumurjena, P.S. Birmaharajpur, District – Subarnapur.
………… Complainant
Vrs.
The Owner Mishra Hotel, Sonepur, P.O./P.S. Sonepur, District - Subarnapur
…… Opp. Party
Advocate for the Complainant …………. None
Advocate for the O.P. …………. Sri H.Pradhan
Present
1. Sri S.C.Nayak, President
2. Smt. S.Mishra Lady Member
Date of Judgement Dt.24.8.2015
J U D G E M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service on the part of the O.P.
The complainant’s case is that he had gone to the hotel of the O.P. for meals from 6th to 9th August 2012 and ate rice 2 plates, dal one plate and curry one plate for first two days i.e. about 7th August 2012 and knew that the curry plate price is Rs.5/- but the O.P. took Rs.10/- from him.
On next two days the complainant consumed 2 plates rice, one plate dal. He totally consumed 4 meals in 4 days Rice 8 plates, Dal 4 plates and curry 2 plates amounting to price Rs.80/-. The owner of the said hotel gave him the bill under his signature on his request.
The complainant has alleged that the price of rice, dal, curry, chips per plate is Rs.5/- and the price of fish is Rs.10/- per piece and the O.P. has taken Rs.10/- excess from him.
The complainant alleged that previously he was eating in the same hotel. The price of food items like curry, fish per piece and Dalma per plate Was Rs.10/-, Rs.15/- and Rs.10/- respectively. Therefore, the complainant has alleged that the O.P. has practiced unfair practice.
-: 2 :-
Accordingly he has claimed that the O.P. be directed to refund the excess price alongwith compensation of Rs.10,000/- and cost of Rs.2000/-.
The O.P. has denied the allegation of the complainant. According to him the complainant has to prove his case. He specifically denied that there is no transaction between the complainant and the O.P. He also alleged that the complainant occasionally visits his hotel and as he is Brahmin by Caste, the O.P. services food to him free of cost. But unfortunately one day the complainant demanded fish curry and on not getting the same he has foisted this false case. Accordingly the O.P. claims that this complaint case be dismissed.
From the pleading of the parties the following points requires determination by the forum.
1. Is the complainant a consumer ?
2. Has the O.P. committed deficiency of service and unfair trade practice ?
Although several adjournments was given to the complainant for filing of affidavit evidence and hearing, he has not filed any affidavit evidence. Ultimately on 5.8.2015 both parties remained absent and order was passed to disposed the case basing on the materials available on record.
We have perused the receipt filed by the complainant. The receipt bears the seal of Mishra Hotel and there is one initial. The receipt is dt.9.8.2012. Since the receipt bears the seal of the Hotel, we are inclined to believe that it has been given by the owner of the Hotel, who has given his initial on this receipt. So the first point is answered in favour of the complainant.
The complainant has alleged that the price of rice, dal, curry, chips per plate is Rs.5/- and the price of fish per piece is Rs.10/- per piece. He has not adduced any evidence on this point. The complainant alleged that previously he was eating in the said hotel. The price of food item like curry, fish per piece and dalma per plate was
-: 3 :-
Rs.10/-, Rs.15/-, and Rs.10/- respectively. We have perused the receipt filed by the complainant in this case. From the receipt we ascertain that Rs.20/- has been taken for 4 plate of dal, Rs.20/- has been taken for 2 plate of curry. Further more we find that Rs.40/- has been taken for 8 plate of rice and a receipt of Rs.80/- has been given for four meals. Taking into account the price of vegetables and other food items like Dal these days we also do not find the price taken by the hotel owner as exorbitant.
So we are of the considered opinion that the O.P. has not committed deficiency of service or unfair trade practice.
In consumer cases, it is the complainant who is to carry the ball in proving his case. since the complainant failed to substantiate his allegations by cogent and convincing evidence, we have no other option than to dismiss the complaint.
This complaint case is dismissed. No Cost.
Dated the 24th day of August 2015
Typed to my dictation
I agree. and corrected by me.
Smt. S.Mishra Sri S.C. Nayak
Lady Member President
Dt.24.8.2015 Dt.24.8.2015
