DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No. 10 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 Hotel Tara, Sonepur, P.O./P.S. Sonepur, District - Subarnapur
…… Opp. Party
Advocate for the Complainant …………. None
Advocate for the O.P. …………. Sri S.Meher
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 by the O.P.
Succinctly stated the case of the complainant is that he had gone to the Hotel of O.P. on 9.11.2012. He enquired from the Hotel boy regarding the cost of rice, dal, curry and chips. The boy instructed him regarding the price of said food items as Rs.10/-, Rs.8/-, Rs.15/- and Rs.15/- per plate respectively. The complainant consumed two plate rice and 1 ½ plate dal and obtained the hand written bill for Rs.32/- from the said hotel. The complainant learnt from reliable sources that the price of the said food items is too less than the price offered and taken from the complainant. The complainant alleged that the owner of the hotel has taken Rs.14/- excess from him. So he has claimed that the excess amount be refunded alongwith compensation of Rs.10,000/- and cost of litigation Rs.2000/-.
The O.P. has filed written version. According to him the complainant enquired about the rate of different food items and being satisfied about the rate consumed two plate of rice and 1 ½ plate of Dal and gave him a price of Rs.32/- for the price of his meal.
According to the O.P. the rates of food items vary according to the quality and quantity of food items. He further avers that in small hotels cheaper price is charged in comparison to big hotels. So the O.P. claims that the complainant’s case is devoid of merit and liable to be dismissed.
-: 2 :-
Although the complainant alleged that he came to know from reliable sources that the price of the said food items is less than the price offered and taken from the complainant, he has not adduced any evidence in this point. Though sufficient opportunity was given for filing of affidavit, evidence and hearing, the complainant has failed to adduced any evidence. Ultimately when both parties remained absent the case was ordered to be disposed of basing on materials available on record.
It is the duty of the complainant, in a complaint before the forum, to prove the allegations in the complaint as he desires the forum to give judgement as to the existence of the facts which he asserts unless the same are admitted by the Opp. Party. Moreover, if he does not lead any evidence, the consequences hence would be that he would fail if no evidence at all is given on either side.
The common rule of evidence is that the burden of proof lies on the party who asserts the affirmative of the question in dispute. The complainant who asserts the consumer dispute must prove that there exists a consumer dispute and the damages suffered by the consumer. In consumer cases, it is the complainant who is to carry the ball in proving his case.
The upshot of our entire discussion is that the complainant has failed to prove his case by cogent and convincing evidence.
In the aforesaid premises we have no other option than to dismiss the complaint. In this result this complaint case is dismissed, leaving the parties to bear their own 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
