Karnataka

Chitradurga

CC/351/2019

Sri C.S.Reethesh C.S.Reetu, S/o Surya Prakash - Complainant(s)

Versus

The Proprietor, Sapthagiri Bar and Restaurant - Opp.Party(s)

Sri.C.J.Lakshminarasimha

12 Jul 2019

ORDER

COMPLAINT FILED ON : 11/06/2019

                          DISPOSED ON:20/07/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO.351/2019 DATED: 20th JULY 2019

 

PRESENT :-         SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                                     B.A., LL.B.,

SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,         :     LADY MEMBER

                             SRI. SHIVAKUMAR.K.N         :     MEMBER

                                      M.Com., LL.B.,

COMPLAINANT/S	Sri. C.S. Reethesh @ C.S. Reetu, S/o Surya Prakash, Aged about 30 years, Business, R/o C.K. Pura Extension, Kelagote, Chitradurga. (Rep by Sri. C.J. Lakshminarasimha, Advocate)
OPPOSITE PARTIES	The Proprietor, Sapthagiri Bar and Restaurant, Ajjampura Road, Hosadurga Town, GST NO. 29BSWPM7616RIZC.  (Rep by Op. Ex-parte)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainant has  filed this complaint U/s 12 of C.P. Act 1986 against the OP for claiming compensation of Rs. 71,095/- and  interest at the rate of 2% per month and such other reliefs.

       2. The brief facts of the case:   That complainant and his friends have went to OP Bar and restaurant and taken one Budweiser Premium Beer and also taken one KF Blue Premium Beer on 13/04/2019. OP has collected the amount of Rs. 397/- from the complainant. But the real and actual price of KF Blue Premium Beer 650 ML is Rs. 160 and real and actual price of KF Blue is Rs. 100/- as per the information taken by the Complainant. The complainant has taken some snacks of Rs.42. But the Opponent has taken Rs.220/- for Budweiser Premium Beer 650 ML instead of taking Rs.160/-.  And Rs. 135/- for KF Blue Premium Beer instead of taking Rs. 100/- Hence the Op has totally collected Rs. 397/- from the complainant.  So the Opponent has collected Rs. 95/- Excess amount against the MRP as laid down in customary trade and practice. The Complainant and his friends have questioned the same but the OP has issued vague answer. So without any option, the Complainant has collected the Bill bearing its GST Bill No. 2593 and paid the said amount.  Moreover the OP has not cared for the Complainant requests.

        3. It is further submitted that the OP is doing unfair trade practice and he is going to do the business illegally by taking the amount from the public at large against the price fixed by the Government of Karnataka. Due to the acts and intents of the Opponent, the Complainant has fed up and suffered the financial loss and suffering from pain and mental agony. So it is clearly learnt that the OP is doing unfair trade practice in respect of the same. Due to his illegal and ill will acts and intents, the Complainant has fed up and suffered the financial loss and suffering from pain and mental agony.

        4. The Complainant has sent the legal notice to the OP on 22/04/2019/23/04/2019 through RPAD. The same is served to the OP. Even after due service of the said legal notice OP is neither replied to the legal notice or settle the claim. It is apparently shows that there is a clear negligence, deficiency in service and defective services made by the OP towards the Complainant.

        5. The cause of action for filing the above said Complaint has arise at Hosadurga Town, Chitradurga District when the OP has collected the excess amount from the Complainant, not complied the terms and conditions of the legal notice is served on him personally and other previous and subsequent acts of the OP. Even after due service of the legal notice to the OP, the OP has not inclined to comply the terms of the legal notice for the one reason or the other. Within the Jurisdiction of this Hon’ble Court. 

6. After service of notice, OP did not appear before this Forum and hence, placed ex-parte. 

7. Complainant herself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 & A-4 and closed his side. 

 

8. Heard the arguments. 

 

9.    Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OP has committed deficiency of service in collecting the excess amount from the complainant and non return of the same. And entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

      

10. Our findings on the above points are as follows.

 

       Point No.1:-Partly Affirmative.

       Point No.3:-As per the final order.

::REASONS::

 

11. Point No. 1:- That complainant and his friends have went to  OP Bar and Restaurant and  taken one Budweiser Premium Beer and also taken one KF Blue Premium Beer on 13/04/2019. OP has collected the amount of Rs. 397/-  from the complainant. But the real and actual price of KF Blue Premium Beer for 650 ML is Rs. 160 and real and actual price of KF Blue is  Rs. 100/- as per the information taken by the Complainant and the complainant has taken some snacks of Rs.42. But the OP has taken Rs.220/- for Budweiser Premium Beer 650 ML instead of taking  Rs.160/-.  And Rs. 135/- for KF Blue Premium Beer instead of taking Rs. 100/-.  Hence the OP has totally collected Rs. 397/- from the complainant.  So the OP has collected Rs. 95/-.  Excess amount against the MRP as laid down in customary trade and practice. The Complainant has collected the Bill bearing its GST Bill No. 2593 and paid the said amount OP is doing unfair trade practice and the OP is going to do the business illegally by taking the amount from the public at large against the price fixed by the Government of Karnataka and also Government of India. The Complainant has fed up and suffered the financial loss and suffering from pain and mental agony. So it is clearly shows that the OP is doing unfair trade practice in respect of the same. Due to his illegal and ill will acts and intents, the Complainant has fed up and suffered the financial loss and suffering from pain and mental agony. The OP has collected more money from the complainant and his friends. As per the documents produced by the complainant are clearly goes to shows that the OP has committed deficiency of service and committed un-fair trade practice.

        12. We have gone through the documents and evidence of the complainant it clearly goes to shows that the complainant and his friends have go to the  OP Bar and restaurant and taking Budweiser premium Beer and also taken one KF Blue premium beer on 13/04/2019. For which the Op has collected the amount of Rs. 397/- but the real and factual price of Budweiser premium beer 650 ML is Rs. 160/- and the real factual price of KF Blue premium beer Rs.100/-. And the complainant has taken some snacks of Rs. 42/-. The OP has taken Rs.220/- for 650 ML Budweiser premium beer instead of Rs. 160/-. And taking Rs. 135/- for KF Blue premium Beer instead of taking Rs. 100/-. IN total the Op has taken Rs. 95/- excess from the complainant as per the Ex-A-1. The Ex A-1 it clearly shows that the Op has doing un-fair trade practice. In this regard the complainant have suffered financial loss and mental agony. Hence point no.1 is held partly affirmative. And pass the following order.

Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

 

 

 

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

 

It is ordered that, the Op is hereby directed to return the excess amount of Rs. 95/- collected  from the complainant along with interest at the rate of  18% p.a from the date of collecting the excess amount that is on 13/04/2019 till realization.   

Further, the Op is hereby ordered to pay a sum of Rs. 25,000/- towards compensation to the complainant regarding with mental agony and loss of time.

It is further ordered that, the OP is hereby directed to pay Rs.5,000/- towards cost of the proceedings. 

It is further ordered that, the Op is hereby directed to comply the above said order within 30 days from the date of this order.

 

(This order is made with the consent of Members after the correction of the draft on 20/07/2019 and it is pronounced in the open Court after our signatures)

 

 

 

 

 

 

 

LADY MEMBER               MEMBER                 PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Original bill dated 13/04/2019 issued by the Op to the complaint.
02	Ex-A-2:-	Office copy of the legal notice dated 22/04/2019.
03	Ex-A-3:-	Postal receipt.
04	Ex.A-4:-	Served  acknowledgement.

 

Documents marked on behalf of OP No. Nil

 

 

LADY MEMBER               MEMBER                 PRESIDENT