DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 27^th day of April, 2023

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 03/09/2022   

CC/165/2022

    Moosa

    S/o Yusuf, Mariyathodi House

    Kizhakke Pattissery, Thanneerkode (P.O)

    Chalissery Panchayath, Pattambi Taluk

Palakkad                                                                -         Complainant

(By Adv. T.P.O.Akbar Ali)                      

V/s

1. The Secretary

Challissery Grama Panchayath Office

Challissery (P.O), Palakkad

2. Challissery Grama Panchayath Office

    Rep. by President

Challissery (P.O), Palakkad

3. Khalid

    S/o Moideen Kutty

    Watchman & Care Taker

    Challissery Grama Panchayath Community Hall

    6/657, Panikka Veettil, Challissery (P.O)

Palakkad                                                                 -         Opposite parties

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      The complainant booked the Challissery Grama Panchayath Hall for the wedding of his daughter to be conducted on 14/11/2021.  He booked the hall in advance on 16/10/2021 and paid an advance amount of Rs. 2,000/-  They informed that this amount will be refunded on getting NOC from the watchman and the complainant has to pay Rs. 5,270/- including the hall rent and electricity charges at least 2 days before the function.  As per that he paid the amount on 12/11/2021.  The functions were arranged as 2 days programme i.e., wedding eve reception from 13^th 6 p.m to 9p.m and 14^th wedding and party.

          When the complainant and party arrived at the hall on 13^th afternoon for the preparation of food, they found the hall, kitchen and store room in locked condition.  So they tried to contact the 3^rd opposite party through phone.  But he did not pickup the phone.  Finally they had to contact the Panchayath member and other officers for getting the hall opened and that also did not work.  Thereafter they have to get the help of police to get the hall opened.  The 3^rd opposite party being the care taker ought to have given the hall in time.  When they opened the hall, there was not enough vessels for cooking and the complainant had to arrange the vessels for cooking from outside and this caused financial loss to him.

          Since the 3^rd opposite party failed to provide the hall in time, complainant had faced difficulty in arranging the food and attending the guests invited for wedding.  On the day of wedding also, the 3^rd opposite party failed to operate the generator during the power failure and this caused much inconvenience to the guests.  The wedding function was late by one and a half hours due to this.  Because of the deficiency in service on the part of the 3^rd opposite party, the wedding function of complainant’s daughter could not be arranged properly.  At the time of booking the hall, they promised that the 3^rd opposite party, being the care taker of the hall will do the necessary things; but he did not provide any service.

          The 1^st and 2^nd opposite parties failed to take actions against the 3^rd opposite party inspite of the complaints made by the complainant.  Since the 3^rd opposite party did not give NOC, the Panchayath Officials did not refund the advance amount to the complainant.

          The complainant expended an amount of Rs. 25,000/- for arranging the things for cooking and generator facility on the wedding day.

      So he filed this complaint for

1. Directing 1^st and 2^nd opposite parties to take necessary action against 3^rd opposite party.
2. Directing the opposite parties to pay Rs. 1 lakh as compensation.
3. To refund the advance amount paid by him and to pay the cost and other incidental reliefs claimed by the complainant.

2.   Notice was served on opposite parties.  They filed version beyond statutory period and hence it was rejected.         

3.   Complainant filed proof affidavit and Ext. A1 to A3 marked from his side.  Evidence closed and heard.     

4.   Complaint pleadings are to the effect that complainant booked the opposite party’s hall for the wedding function of his daughter to be conducted on 14/11/2021.  He booked the hall in advance and made an advance payment of Rs. 2,000/- on 16/10/2021.  He paid Rs. 4,720/- as hall rent and Rs. 550/- for electricity charges.  Thus he made a total payment of Rs. 5,270/- on 12/11/2021.

      The functions were scheduled as wedding eve reception on 13/11/2021 from 6 p.m to 9 p.m and wedding on 14/11/2021 at 11:45 p.m.  His grievance is that when they arrived there on 13^th for preparing food for the evening, they found the hall and kitchen locked.  They tried to contact the 3^rd opposite party through mobile, but he did not pick up the phone.  After great effort, they got the hall opened at 12:30 p.m.  Due to the delay in getting the hall, they suffered much inconveniences.  Further there was shortage of kitchen equipments and vessels.  So he had to arrange it from outside causing additional expenses. 

5.   Complainant produced 3 documents, Ext. A1 is the wedding invitation card, Ext. A2 is the receipt issued by Chalissery Grama Panchayath (1^st & 2^nd opposite party) towards deposit for booking the hall on 14/11/2021.  Ext. A3 is the receipt issued towards the payment of hall rent and electricity charges.  In both the receipts date is shown as 14/11/2021.

6.   From the documents, it is clear that the wedding was on 14/11/2021 at 11:45 a.m.  As per the complainant, they got the hall on 13/11/2021 at 12:30 p.m.  From the receipts, it is clear that they have paid the rent and electricity charges only for the wedding on 14/11/2021.  No additional amount is collected for 13^th evening function.  Further they got the hall in the afternoon by 12:30 p.m itself.  As per the complainant, the evening function is scheduled from 6 p.m to 9 p.m.  So there was enough time for them to arrange food and other things.  They did not produce any evidence to show that vessels and kitchen equipments were not sufficient for cooking and the complainant had to arrange it from outside causing monetary loss to him. 

7.   The complainant’s contention is that due to the failure on the part of 3^rd opposite party to give the hall in time, they suffered much inconvenience.  But no evidence is forth coming as to the deficiency in service on the part of 3^rd opposite party.

8.   Another grievance is that on the day of wedding, due to power failure, the marriage parties had to face difficulties.  This is due to the failure on the 3^rd opposite party to function the generator.  Because of that the wedding function was delayed and many guests left without having food causing wastage of huge quantity of food.  Other than pleadings, no evidence is adduced in support of this.  No witness was examined inorder to prove this.

9.   Further, the only allegation against 1^st and 2^nd opposite parties is that they did not act on the complaint made by the complainant regarding the dereliction of duty and misconduct on the part of the 3^rd opposite party.  The complainant did not produce the copy of complaint given to the 1^st and 2^nd opposite parties or any other evidence to prove this.

10. In the absence of any evidence, no deficiency in service can be attributed on the opposite parties.  So the complainant is not entitled to the reliefs claimed and the complaint is dismissed.  

Pronounced in open court on this the 27^th day of April, 2023.  

                                                                                            Sd/-

                                                                                    Vinay Menon V

                                                                               President                                              

                                                        Sd/-

              Vidya.A

                             Member   

                                                                                             Sd/-

                                                                                  Krishnankutty N.K.

                                                                                           Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: Wedding invitation card.

Ext. A2: Receipt for Rs. 2,000/- dated 16/10/2021.

Ext. A3: Receipt for Rs. 5,270/- dated 12/11/2021.

Documents marked from the side of opposite parties: Nil

Witness examined from the complainant’s side: Nil

Witness examined from the opposite parties side: Nil

Cost: Nil

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.