DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 168 of 2021.

 

1. Sri Baishampayan Das,

S/O. Late Pran Gopal Das,

Bidur Karta Chowmuhani,

Near Dr. Lal Path Lab, Agartala,

P.O.-Agartala, P.S.-West Agartala,

Dist. -West Tripura, Agartala- 799001.

2. Smt. Dipti Choudhury Roy,

W/O. Karna Roy,

D/O. Late Rup Chand Choudhury,

Vill.-Laxman Para, Dukli,

P.S. & P.O.-Amtali, 

Dist. -West Tripura, ….........................…..…..................Complainants.

 

 

 

-VERSUS-

 

 

 

   1) Hotel Polo Tower's Group, Three 81 Restaurant,

Represented by it's Manager, at Agartala,

Near Rabindra Kanan, 

VIP Road, Kunjaban, 

P.O.-Kunjaban, P.S.-N.C.C., 

Dist.-West Tripura, Pin-799006.....................................Opposite Party.

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For the Complainant : Sri Nepal Majumdar, 

  Sri Swarup Dey,

  Sri Subrata Roy,

  Advocates.  

 

For the O.P. : Sri Rupak Nama,

  Sri Bikash Debbarma,

  Advocates. 

 

FINAL ORDER  DELIVERED  ON: 28/04/2023.

F I N A L     O R D E R

1. The Complainant No. 1 & 2 went to the O.P., Hotel on 14/10/2021 at the side of Restaurant zone namely “Three 81 Restaurant”. Nothing was informed to the Complainants regarding cost of food items. 

Original Complainant No.2, Smt. Dipti Choudhury Roy died during the proceeding. Hence, her daughter Miss Deep Sikha Roy has been added as O.P. No.2 vide order dated 27/01/2023. 

They ordered Veg- Soup, Cake & Chocolate and Non-Veg Soup, Cake and Chocolate. After that a bill of Rs.4,271/- was raised to which the Complainants enquired the rate of the items. At this the Hotel Management misbehaved with them. Hence, as the management did not inform the price of the items it amounts to unfair trade practice. 

 The Management informed that for that day per person charge was Rs.1,699/-, Service Charge 5%, CGST 9%, SGST 9% and issued bill such bill was paid by through ATM of Complainant No.1. The entire episode was definitely recorded in CCTV.  

    On the next day on 15/10/2021, the Complainant No.2, Smt. Dipti Choudhury Roy, since deceased again visited the O.P., Hotel for lunch and O.P. informed that launch will be offered free of cost to adjust the bill of the previous day but ultimately informed that 50% of the bill will have to be paid. Hence, the Complainant No.2 since, deceased left the hotel without launch.    

6.      The O.P. in written objection pleaded inter alia during Durga Puja Dinner buffet Festival on 14/10/2021 at Restaurant was organized. This special buffet was informed to the Complainants. The price of buffet was informed. Both the Complainants visited buffet side and picked up food items as per their choice.   

7.   Bill was submitted in a bill folder as per buffet rate and and bill was paid by ATM Card. Nobody misbehaved with them. It is a Star Hotel and treated the customers with warmth. On 15/10/2021 it was informed that complementary lunch was not possible. At this Dipti Choudhury Roy, since deceased started shouting. However, the Hotel Management all along behaved politely considering the image of the Hotel. 

8.  On 26/04/2023 argument of Learned Counsel Mr. Swarup Dey was heard for the Complainant although Learned Counsel Mr. Nepal Majumdar filed hazira, but on repeated call he was found absent. The O.P. was also absent without step. Considering the fact that this is a case of the 2021, argument was closed.                 

9.    The following points are taken up for discussion and decision:-        

  (a). Whether the O.P. raised excess bill violating the prescribed rate of the O.P., Hotel ?  

  (b). Whether the O.P., Hotel is guilty of unfair trade practice?                                                                                                                                                            

DECISION AND REASONS FOR DECISION:-

10. The Complainants suppressed the fact that it was during Durga Puja festival on 14/10/2021, they visited the O.P. Hotel. The O.P. in their written objection and evidence on affidavit has proved it that there was a special buffet on that day and per guest charge was fixed along with GST, CGST & Service Charge etc. 

11.     The Complainant side never pressed for calling the CCTV footage of the Hotel although there is mention of this episode in the complaint, but no specific order was passed by this Commission also. And this is not required as well as the case rests on alleged unfair trade practice. 

12. It is known to everyone that in a buffet dinner / launch so many items are placed in the table and the guests pick up food item as per their choice. However, rate for such dinner/launch is fixed by the hotel/restaurant as per their price list. It is the option of the guests either to enjoy such dinner / launch or to leave. Since, the Complainants participated in the buffet dinner, they were supposed to pay the full bill irrespective of the items they ate. The O.P. duly paid bill also. 

13. The episode of the next noon on 15/10/2021 was also unwanted as the Complainants either producing the bill of 14/10/2021 or by any paper have not proved that such a promise for complementary launch was made by the Management of the O.P., Hotel. More so Dipti Choudhury Roy, since deceased, who was the original O.P. No.2 alone visited the O.P. Hotel on 15/10/2021 at noon. As such in her absence there is nothing on record that she narrated the alleged episode of misbehavior to the other Complainant i.e. Complainant No.1. Hence, no cognizance of this episode can be legally taken.                                 

14. Both the points are decided in the negative against the Complainants.                

                In the result the complaint is dismissed, however without cost. 

          Supply a certified copy of the order to both the parties free of cost.        

 Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.