NIRULA’S POTPOURRI Vs. MANOJ KUMAR GUPTA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 7.5.2012 passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 1768 of 2011 Nirula's Potpourri Vs. Manoj Kumar Gupta by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent was member of OP/petitioner and OP issued coupon to the complainant for discount at the time of dinner at OP-restaurant. On 6.11.2009, complainant along with his family members went to OP No. 2 for dinner and OP issued bill for Rs.2071.45 in which Rs.119.354 was charged for service and Rs.219/- and Rs.28/- for tax without mentioning type of tax and thus charged illegal tax. Alleging deficiency on the part of OP complainant filed complaint before District Forum. OP was proceeded ex-parte and learned District Forum after hearing complainant allowed complaint and directed OP to refund Rs.366.45 along with 9% p.a. interest and further directed OP to pay Rs.25,000/- as compensation to the complainant and Rs.25,000/- to be deposited with State Consumer Welfare Fund and also allowed cost of Rs.2500/-. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioner and perused record.