THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C. 155/2016
Dated this the 11th day of January 2018.
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, MA, LLB : Member
ORDER
Present: Beena Joseph, Member:
The above complaint was filed on 31.03.2016 alleging illegal trade practice adopted by the opposite party. The case of the complainant is that, on 22.03.16 while the complainant was traveling to Kuttiyadi from Pala, in order to attend funeral function of his relative along with his wife and relatives, they had their lunch from Welcome hotel (Kadavu). They ordered ordinary meals, the opposite party charged Rs.2525/-plus excess tax. The bill was highly excessive, petitioner was in a hurry so that he could not check the bill. The bill, it shows that in addition to meals they charged heavy amount for Avial separately. Realizing this, petitioner issued letter on 25.02.16 to the opposite party. The above letter was accepted by the opposite party but they have not cared to pay the amount which collected excessively from the petitioner. The act on the part of the opposite party is illegal, which caused mental agony to the complainant. The illegal charging by the opposite party caused financial shortage to the complainant. The complainant claims Rs.10,000/- as compensation for his mental agony and there was no menu card or pricelist of the item. Therefore petitioner claims to compensate from the opposite party.
Notice issued to opposite party, opposite party appeared. Opposite party filed version stating the following contentions.
Opposite party denied the entire allegations and averments in the petition. The allegation that, the opposite party had illegally charged heavy amount and tax for meals and separate amount was charged for curry, so the petitioner suffered financial shortage which caused mental agony and loss to the petitioner, the petitioner could not check the bill because he was in a hurry to attend a funeral function at Kuttiyadi and claiming a compensation of Rs.10,000/-etc. were denied by the opposite party.
The opposite party is conducting a Star hotel and there is no ordinary meal. The petitioner herein ordered Kuruva Rice and special curries were which billed separately. This was clearly stated in the menu card. The petitioner herein ordered avail specially which is a combo package, which include Sambar, Pickle, Pappad, Thoran etc. This was ordered by petitioner and family. He ordered above items as per the menu card and we imposed tax as per the govt. rate. The petitioner’s family were having a habit of making problems in 5 star hotels after having their food in order to avoid payments. The petitioner and family had made problems in the restaurant and insulted the Institution and threten that they will make defame publicity in News Paper etc. and claimed heavy amount. Now the petitioner is trying to extort money from the opposite party by preferring false case. Therefore it is liable to be dismissed.
Points to be considered.
- Is there any illegal trade practice adopted by opposite party?
- If yes what are the reliefs?
In this matter complainant filed affidavit and examined as PW1 and Ext.A1 to A4 marked. Ext.A1 is the bill issued by opposite party, Ext.A2 letter issued by complainant to opposite party, Ext.A3 is the bill issued by welcome hotel Erankulam. Ext.A4 is the print out of Wikipedia. There was no oral evidence and documents on the part of opposite party.
Analyzing the documents in hand, it is come out that the petitioner had his lunch from Gate way hotel at Calicut on 23.02.16. The complainant herein was ordered meals from the opposite party’s restaurant. So it is clear that complainant had taken his lunch from opposite party’s restaurant and there was no dispute regarding this aspect. The dispute existing between the parties is with respect to charge imposed by the opposite party. So it is to be decided that whether heavy or exorbitant charge imposed by the opposite party. As per Ext.A1 petitioner had ordered Rice Kuruva, avial, Fish Tawa fry Soda for which a total bill of Rs.2525/-. Petitioner is also produced Ext.A3 bill from Gateway Five star hotel Ernakulam wherein Kerala homstyle meals cost Rs.850/-. In that bill there was no separate charge for curry but Ext.A1 the opposite party herein charged in Rs.1125/- for avial alone. While compairing Ext.A1&A3 it is clear that there was no separate charge for Avial or curry as per Ext.A3. But , on the other hand opposite party charged Rice and Avial separately. The contention took by the opposite party is that as per Ext.A1 complainant had booked a compo package of Rice and Avial but they could not produce any brochure regarding this contention. If it was a compo package opposite party should have brought the menu card of opposite party, brochure, or pricelist. This shows that there is some misappropriation on the part of opposite party. Usually when a meal was ordered curry sambar, avial etc. will be a part of that meal. There will not be a separate bill. This is clear from Ext.A3.
As per Ext.A1 complainant had ordered a fish for which they given a separate charge also. If it anything ordered specially that will be charged separately. Those who ordering a meals need not order curry etc. as special. This shows there is an illegal trade practice on the part of the opposite party that is why they did not produce any documents to substantiate their claim. The opposite party had raised wild allegation that complainant has a habit of having food from Star hotels and making problems in order to avoid payments. It is come out in evidence that complainant knows that opposite party’s hotel is a five star one knowing the same only he had taken his food from there. More over Ext.A3 also shows that he used to take food from other star hotels.
In the complaint or version there was no whisper with regard to the alleged annoyance took place in the hotel. These all shows the attitude of the opposite party. Above all it is clear that opposite party had illegally charged heavy amount for Avial for meals. These amounts to illegal trade practice such type of practices should be prevented. In the result the above petition is allowed.
Therefore the opposite party is directed to pay Rs.8000/-(Rupees Eight thousand only)as compensation for illegal trade practice and Rs.3000/-(Rupees three thousand only) as cost of the proceedings. Comply the order within one month from the date of receipt of this order.
Dated this 11th day of January 2018.
Date of filing: 31.03.2016.
SD/-MEMBER SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of bill issued by opposite party dtd.23.02.16.
A2.Letter issued by complainant to the opposite party dtd.25.02.2016.
A3. Bill issued by welcome hotel Ernakulam
A4.The print out of Wikipedia.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1. Thomas (Complainant)
Witness examined for the opposite party:
None.
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
