Chandigarh

DF-II

CC/442/2015

Nitin Thatai - Complainant(s)

Versus

Swagath Restaurant - Opp.Party(s)

In Person

28 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Nitin Thatai s/o Sh.S.C.Thatai, Resident of House No.1061, Sector 12-A, Panchkula, Haryana.

             …..Complainant

Versus

Swagath Restaurant, SCO No.7, Sector 26, Madhya Marg, Chandigarh through its concerned Manager.

….. Opposite Party

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

For complainant(s)      :     Complainant in person.

For Opposite Party(s)   :     Opposite Party exparte.

PER PRITI MALHOTRA, MEMBER

          As per the case, the complainant along with one of his friend had taken lunch at the Restaurant of the Opposite Party and on receipt of the bill, he found that the bill amounting to Rs.953/- included Service charge @10%

2]       The Opposite Party did not turn up despite notice, hence it was proceeded exparte vide order dated 23.9.2015. Thereafter, Sh.V.K.Sachdeva, Advocate though put in appearance on behalf of the Opposite Party on 30.9.2015, but he too did not appear on the date of arguments i.e. 19.10.2015.

3]       Complainant led evidence in support of his contentions.

4]       We have heard the complainant in person and also perused the record.

5]       The case of the complainant is that he along with one of his friend had taken lunch at the Restaurant of the Opposite Party and on receipt of the bill, he found that the bill amounting to Rs.953/- included Service charge @10%

6]      The Opposite Party though being duly served with notice, failed to put in appearance on 23.9.2015, thus raising presumption under Sub-clause (2) of Regulation 10 of The Consumer Protection Regulations, 2005, were proceeded exparte vide order dated 23.9.2015. The Opposite Party having failed to contest the claim of the complainant, therefore, all the averments of the complainant go unrebutted.  There is no defence to controvert the allegations of the complainant.  Moreover, there is no statutory law under which the service charges have been levied by the Opposite Party. In addition, in view of the instructions issued by the Chandigarh Administration declared on 31.10.2014 declaring that all the restaurants and hotels of Chandigarh not to levy service charge on the customers, we are of the concerted opinion that the service charge so levied by the Opposite Party for the food served at the table are not legal and thus, its refund is obligatory on the part of the Opposite Party.

7]       Definitely the amount illegally charged by the Opposite Party as service charge only needs to be refunded along with compensation and litigation expenses and not the whole amount spent by the complainant.  Further, the complainant also gave statement on 17.8.2015 that he do not press the claim of refund of total bill but only press the claim of service charges of Rs.89.70 along with compensation and litigation charges.

8]        In the light of above observations, we are of the concerted view that the Opposite Party is found deficient in giving proper service to the complainant and found having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite party, and the same is exparte allowed. Thus the Opposite party is directed to:-

         [a] To refund Rs.89.70P charged from the            Complainant as Service Charge;

[b] To pay Rs.10,000/-on account of deficiency in service causing mental and physical harassment to the Complainant and also for resorting to unfair trade practice

         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% p.a. on the amount mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

28.10.2015                                                                                                                                                                               Sd/-

 (RAJAN DEWAN)

PRESIDENT

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

Sd/-

 (PRITI MALHOTRA)

MEMBER

Om