Advocate charged Rs 90 excess on wine, Bengaluru court orders bar to pay Rs 10,000 compensation

Krishnaiah ST (49), an advocate living in Amarjyothi Nagar in Vijayanagar, went to the restaurant and bar located on Nagarbhavi main road on 13 February last year. He ordered a bottle of Sidus wine along with mushroom fry. When he was given the bill for the same, Krishnaiah noticed that he was wrongly charged for Titl Wine-FL, which is Rs 90 more expensive than Sidus wine.

Krishnaiah, who produced the bar’s receipt, filed a case before the consumer court and sent a legal notice. The bar, in an affidavit, denied the allegation.

However, the commission in its order said, “If really the complainant (Krishnaiah) has not ordered for Sidus wine amounting to Rs.140 and he has ordered for Tilt Wine-FL amounting to Rs.230 the opposition (King Fish The restaurant and bar) would have produced any documents before this Commission. They would have produced the CCTV footage maintained in their restaurant or they would have produced any other documents to show that they have supplied only Tilt Wine-FL amounting to Rs.230 and not Sidus wine.”

“When the complainant has produced all the documentary evidence and lead oral evidence the burden shifts on the opposition to establish the wine ordered by the complainant is only Tilt Wine-FL and not Sidus wine and they have rightly collected Rs.230 instead of Rs.140 for the wine. The opposition failed to establish their contention. On the other hand, the complainant has clearly established the mischief and the unfair trade practice in their restaurant. The opposition has supplied one item for a meager amount and issued the bill for a higher amount even though they have not supplied the said item to the consumer. Hence the complainant is entitled for the relief claimed in this complaint,” the order said.

The court also ordered the restaurant and bar to pay litigation expenses to the complainant within 60 days from the receipt of the order.