BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

 Complaint No.461 of 2018

      Date of Instt. 12.11.2018

      Date of Decision: 29.10.2019

Hemant Kumar s/o Sh. Vinod Kumar resident of H. No.395, Mohalla Jatt Pura, Jalandhar.

..........Complainant

Versus

1.       Domino’s Pizza, Shop No.6, Centrum Jyoti Mall, Jyoti Chowk, Jalandhar.

2.       Master Franchise For Domino’s Pizza Jubilant Food Works Limited, Plot No. 1A, Sector-16A, Noida-201 301, U.P..

….….. Opposite Parties

Complaint Under section 13 of Consumer Protection Act.

Before:        Sh. Karnail Singh           (President)

Smt. Jyotsna                   (Member)

Present:       Sh. Manish Mahajan, Adv Counsel for the Complainant.

Sh. DS Dhanoa, Adv Counsel for the OPs.

Order

Karnail Singh (President)

1.                The instant complaint has been filed by the complainant, wherein alleged that he had visited the OP No.1 on 23/10/2018 and made an order for one garlic bread and two veg parcels and chessy dip. The OP No.1 had issued bill of Rs. 198.24/- including taxes vide invoice No. 66361/18/64631 and order No. 288 on 23/10/2018. Complainant paid the bill through his debit card but OP No.1 charges Rs. 200/- from debit card instead of actual bill of Rs. 198.24/-. The copy of the paid bill through his debit card is placed on the file. Complainant asked the attendant of OP No.1 for the said over charging. OP No.1 denied the request and said that they usually over charged from customers. The complainant brought the matter before the manager of OP No.1 but he behaved rudely and as such, , the act and conduct of the OPs, amounts to unfair trade practice and deficiency in service and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs. 90,000/- as compensation for causing mental tension and harassment to the complainant and further OPs be directed to pay litigation expenses of Rs. 5,000/-.

2.                Notice of the complaint was given to the OPs, who appeared and filed reply and contested the complaint by taking preliminary objections that present complaint is not maintainable as the same deserves to be dismissed and further alleged that complainant has concealed the true facts from this Forum rather has concocted a wrong story to get the illegal benefit and further alleged that in the present complaint, complainant has failed to prove any loss or injury actually have been suffered to him by OP and in the absence of the proof of actual loss or injury due to the negligence of opposite parties, the complaint deserves to be dismissed. On merits, it is admitted that complainant purchased the said items and further alleged that complainant has elaborated wrong facts. The true facts are that for the conveyance of the customer multiple employees are deputed for the taking order and for the delivery of the same and on 23/10/2018 in a similar manner, four employees of the answering respondent were deputed for the above referred purpose. Complainant made his order as stated in the complaint and he was given the delivery along with the order number and invoice, however, he offered me to take a payment through debit card and Mr. Munish was not bagged with the card swapping machine hence requested the complainant to swipe his card with Mr. Kikhit standing next to him. The complainant in a casual manner offered his card and directed Mr. Likhit to charge a payment of Rs. 200/- first as the complaint was having a doubt on his card whether the same is working or not. Resultantly Rs. 200/- was swiped from his card as per his direction. However, when the invoice was given to the complainant he started blackmailing the said employee and started asking remaining Rs. 1.76/-, the employee offered Rs. 2/- to the complainant but complainant is in mischievous manner demanded Rs. 1.76/- only. This way, the complainant expressed his mischievous manner and malafide to the employees of the answering respondent and left the place after creating the scene. The other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed. Both the parties produced on the file their respective documents just to prove their versions.

4.                We have heard the learned counsel for the complainant as well as counsel for the OP and also gone through the written arguments filed by counsel for OP and also scanned the case file very minutely.

5.                After going through the pleadings as well as documents placed on the file by both the parties, it reveals that the factum in regard to purchase of some eatable goods from OP and making payment of the same through debit card is admitted. The question remains whether the OP has charged excessive amount than the bill issued by the OP, for that purpose we have glanced the copy of invoice and receipt regarding payment through debit card and find that the bill is for amount of Rs. 198.24/- whereas the OP has admittedly deducted Rs. 200/- from the account of the complainant. No reason has been assigned by the OP why excess amount of Rs. 1.76/- deducted from the bank account of the complainant. We have not to consider how much excess amount charged from the bank account of the complainant, rather we have to consider whether there is any negligence, unfair trade practice and deficiency in service. So, accordingly, we see the case of the complainant then we say without any hesitation that there is negligence, unfair trade practice as well as deficiency in service on the part of the OP who got excessive amount from the complainant then of the bill amount and accordingly we hold that complainant is entitled for relief claimed.

6.                In the light of above detailed discussion, the complaint of the complainant succeeds and the same is partly accepted and OPs are directed to pay compensation for harassment and mental tension to the complainant, to the tune of Rs.10,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order failing which the Ops will further liable to pay interest, on the above whole amount i.e. Rs. 15,000/-,  @12% from the date of filing of complaint i.e. 12/11/2018 till realization. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                       Jyotsna                           Karnail Singh

29.10.2019                                        Member                          President