District Consumer Disputes Redressal Forum-I, U.T., Chandigarh

CC/921/2019

BEFORE:

          RATTAN SINGH THAKUR, PRESIDENT

          SURJEET KAUR, MEMBER

          SURESH KUMAR SARDANA, MEMBER

PRESENT:

None for complainant.

Dated : 18^th September, 2019

ORDER

1.      Allegations are, on 11.11.2017, complainant had visited the OP hotel with family and friends and ordered some eatables and soft drinks, including diet Pepsi.  The OP raised two bills both dated 11.11.2017 worth Rs.1,624/- and Rs.88.50 respectively. The grievance of the complainant is, OP had charged Rs.75/- each for the diet Pepsi can while MRP of the same was mentioned as Rs.30/- only. On being objected, OP insisted for payment of Rs.88.50 (inclusive of taxes) which was paid. The complainant could not take out the diet Pepsi can from the premises of the OP due to its resistance. 
2.      We have perused the allegations made in the consumer complaint and the documents annexed therewith.
3.      In the bills dated 11.11.2017 Annexure C-1 and C-2 there is mention of Diet Pepsi and the amount mentioned is Rs.75/- each. The complainant has not produced any supporting evidence to the effect Pepsi was being sold for MRP of Rs.30/- as on 11.11.2017. Further, if the complainant was not permitted to carry out the empty can of the diet Pepsi, she could have clicked a snap of the MRP mentioned thereon or could have purchased another can of Diet Pepsi on 11.11.2017 from some other place to show the MRP printed is Rs.30/- only.  However, no such evidence has been brought on record by the complainant. 
4.      Though the complainant has filed the instant consumer complaint within the prescribed limitation period of two years, yet she took around one year and ten months to do the same. During this long period, she could have easily collected evidence that MRP of the diet Pepsi can, as on 11.11.2017 was Rs.30/- only to hold OP had overcharged the amount which is unfair trade practice, but she miserably failed to do so.  Thus, in the absence of any supporting evidence from the side of complainant, we do not find the consumer complaint to be admitable and proceed to dismiss the same at preliminary stage.  Ordered accordingly.
5.      The certified copies of this order be sent to the complainant free of charge. The file be consigned.