M C DONALDS INDIA Vs. ANUPAM TRIPATHI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 12.09.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 2008/707 M/s. Mc Donalds India Vs. Mr. Anupam Tripathi by which, appeal was dismissed.

(2.) Brief facts of the case are that on 10.5.2007 Complainant/respondent placed order to OP/petitioner for delivery of various food stuffs and beverages at home and OP's boy delivered food stuffs along with Pet Coke Bottle and Rs.30/- were charged against MRP of Rs.20/-. On an enquiry, executive of OP apprised that premium amount is charged for maintaining optimum quality. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that price of Pet Coke Bottle was Rs.30/- and not Rs.20/-. It was denied that OP has charged excess price than MRP price and submitted that MRP of Pet Coke Bottle was Rs.30/- and denied deficiency on their part and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to refund Rs.10/- along with Rs.2,000/- as compensation and Rs.1000/- as cost of litigation. Appeal filed by OP was dismissed by learned State commission vide impugned order against which, this revision petition has been filed.

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