Jahanvi Agarwal
A significant legal win unfolded for consumers as the Kolkata District Consumer Disputes Redressal Commission ruled in favor of complainant Nilanjana Chakraborty against Marco Polo Restaurant situated on Park Street, Kolkata. Ms. Chakraborty filed the case on August 25, 2021, invoking Section 35 of the Consumer Protection Act, 2019.
The dispute stemmed from Ms. Chakraborty’s dining experience at the restaurant on February 26, 2021. Alleging inflated charges on the bill, she contended that the restaurant charged Rs. 30 for packaged drinking water, Rs. 260 for a branded hard drink, and imposed an illegal service charge of 10% on the total bill amount, resulting in an excessive charge of Rs. 651.
In their judgment, President Sukla Sengupta and Member Reyazuddin Khan stated the petition of complaint reveals that on February 26, 2021, the complainant dined at the OP restaurant in the company of her relatives, enjoying a meal of sumptuous quality. In addition to imposing a 5% GST charge, the OP restaurant unlawfully levied a service charge of 10% on the total bill, amounting to Rs. 360.50.
Finding merit in Ms. Chakraborty’s complaint, the Commission ruled that Marco Polo Restaurant engaged in unfair trade practices and provided deficient service by overcharging its customers.
It ordered the restaurant to refund the excess amount to Ms. Chakraborty within 45 days from the date of the order. Additionally, Marco Polo was directed to pay compensation of Rs. 1,000 to Ms. Chakraborty, along with litigation costs of Rs. 500.
President Sengupta concluded that:
“The conduct of the employee of the OP restaurant amounts to deficiency in service and being the owner of them, the OP restaurant has vicarious liability to refund the excess amount paid by the complainant and their conduct caused mental pain, agony, and harassment to the complainant for which the the OP restaurant is liable to pay compensation to the complainant along with litigation cost”.
Case Name: Nilanjana Chakraborty v. Marco Polo Restaurant
Dairy Number: 326/2021
Bench: President Sukla Sengupta and Member Reyazuddin Khan