M. THANIKACHALAM J. - (1.) The unsuccessful claimant before the lower Forum is the appellant.
(2.) The complainant who is a senior citizen went to the Restaurant run by the opposite party on 10.04.2005 at 7.00 p.m. to take tiffin. For consumed Sambar Vadai and Dosai, a bill was given to him for a sum of Rs.35/-, wherein, cost of the tiffin alone was mentioned as Rs.32/-, whereas rest of the amount is claimed towards Sales Tax, Surcharge and Service charge, then rounding off to Rs.35/-. The complainant questioned the Supervisor and the Manager and there was no proper answer, whereas the complainant was humiliated and subjected to mental agony, which should be construed as deficiency of service. Thus, a notice has been issued claiming refund of 0.72 paise as well as compensation, for which, there was no compliance, resulting, a consumer complaint for the refund of 0.72 paise and for the payment of Rs.5,000/- as compensation.
(3.) The opposite party admitting the bill and rounding off the amount to Rs.35/-,in the Written Version has stated that the complaint before the Forum is not maintainable and the rounding off occurred because of the problem in quick bill software service and therefore expressing the desire to repay Rs.0.72, prayed to dismiss the complaint.;