DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 27^th day of October, 2022

Present      :   Sri.Vinay Menon V., President

                  :   Smt.Vidya A., Member                        

                  :  Sri.Krishnankutty N.K., Member                                 Date of Filing: 23/05/2022    

     CC/88/2022

Nishad A.S.,

S/o. Abdul Salam,

Thazhe Murali,

Puthupariyaram, Palakkad.                                                  -           Complainant

(By Adv.Sreenath Venu)

                                                                                    Vs

Proprietor, New Tharavad Restaurant,

Opp. Govt. Victoria College,

Palakkad – 678001                                                                 -           Opposite party

(Ex-parte)

O R D E R

By Sri. Vinay Menon V.,  President

1. Complainant had 2 porottas and an egg roast from the opposite party hotel. Eventhough the price of egg roast was shown as Rs. 40/-, the opposite paty charged Rs. 80/-. Eventhough the complainant sought for an explanation for charging exorbitantly, proprietor of the opposite party hotel stated that they had been following this practice for some time. Aggrieved thereby, this complaint is filed.
2. Eventhough notice was issued to the opposite party, they did not receive it. Said notice returned with the endorsement, “unclaimed”. Hence they were set ex-parte.
3. Evidence comprised of proof affidavit of the complainant and  Exts. A1 to A3. 
4. The unambiguous case of the complainant is that the opposite party charged him double for the egg roast. Ext. A1 is the menu card of the opposite party hotel. Under the head “Curry”, price of egg roast is shown as Rs. 40/-. Ext. A2 is the bill bearing no. 3911, wherein price of egg roast is shown as Rs. 80/-. Ext. A3 is the print out of the UPI transaction of Rs. 104/-(Total bill amount). The UPI id number of 7592860057 is the same as the contact number of the opposite party hotel shown in Ext. A1 and in A2.
5. A conjoint reading of the proof affidavit and Exts. A1 to A3 proves conclusively that the opposite party has charged the complainant excessively by Rs. 40/-.
6. This conduct of the opposite party is nothing but unfair trade practice.
7. We, therefore direct the opposite party to repay the complainant and amount of Rs. 40/-(Rupees Forty only), pay Rs. 10,000/-(Rupees Ten thousand only) as compensation for unfair trade practice and Rs. 5000/- (Rupees Five thousand only) as cost of this proceedings.
8. The opposite party shall comply with this order within 45 days from the date of receipt failing which the opposite party shall pay an amount of Rs. 250/- per month or part thereof till full and final payment of the above amount.

                        Pronounced in open court on this the 27^th    day of October,  2022.    

                                                                                                            Sd/-                                                                                                                 Vinay Menon V

                                                      President

        Sd/-

    Vidya.A

                       Member   

                             Sd/-

                                                                                               Krishnankutty N.K.

                                                                                                      Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Print out of menu card of opposite party.

Ext.A2   -  Copy of bill bearing no. 3911

Ext.A3  –  Print out of UPI transaction made to UPI id 7592860057@axl

 Exhibits marked on the side of the opposite party: Nil

Court Exhibit : Nil

Third party documents :  Nil

Witness examined on the side of the complainant

Witness examined on the side of the opposite party: Nil

Court Witness: Nil

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.