DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT
C.C. No. : 259 of 2019
Date of Institution: 16.10.2019
Date of Decision : 28.12.2020
Shinder Pal Kaur aged about 45 years w/o Lakhwinderjit Singh r/o Quarter No. 43 B, Near Lal Kothi, Faridkot-151203.
...Complainant
Versus
Fun Plaza, Multiplex, Kotkapura District Faridkot through its Managing Director.
....Opposite party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum: Sh. Amrinder Singh Sidhu, President,
Smt. Param Pal Kaur, Member.
Present: Smt Shinder Pal Kaur/Complainant in person,
Sh Anil Kumar Chawla, Ld Counsel for OP.
* * * * * * * * * *
ORDER
(Amrinder Singh Sidhu, President)
In the present complaint, the complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OP pleading deficiency in service and negligence on the part of OP and request for seeking directions to them to refund the cost price of movie tickets worth Rs.1870/- and for further directing OP to pay
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Rs.40,000/- as compensation for mental agony and harassment suffered by complainant besides litigation expenses of Rs.10,000/-.
2 The brief facts of the present complaint pleaded by the complainant are that OP displayed posters of movie ‘Munda Hi Chahida’ everywhere vide which it give message to curb the social discrimination between male child and female child. It is submitted by the complainant that complainant alongwith her husband and eleven family members which included two N.R.I. relatives, went to theatre of OP on 18.07.2019 to watch the night show of film ‘Munda Hi Chahida’, but when they demanded tickets for said film from ticket counter, they were denied the same saying the said show was cancelled though there was no intimation regarding cancellation of show on internet or any other means. Complainant asked for the contact number of Manager and other senior authorities of OP, but ticket counter boy refused to provide the same asserting that their staff members have to do rest and therefore, this movie show cannot be shown. On several requests by complainant and her other family members, said ticket counter boy made them meet a man to whom complainant and her family members made several requests to show the movie ‘Munda Hi Chahida’, but he did not accede to their requests and flatly refused to show the said movie. Behaviour of that person with complainant and her family members was very rude and they forcefully gave them tickets of movie ‘D.S.P. Dev’ instead of that which was sought
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by them and posters of which were displayed by them in Faridkot at several places. It is further submitted that complainant and her family went to theatre of OP at Kotkapura by two cars to watch the show of the movie ‘Munda Hi Chahida’ to their N.R.I. relatives, but due to bad behaviour of OP and due to their non relenting attitude in not showing them the movie which they displayed everywhere for said date, complainant and her family members had to suffer huge humiliation before their N.R.I. relatives. Instead of playing movie ‘Munda Hi Chahida’, OP forced them to purchase tickets of movie ‘D.S.P. Dev’ saying this movie is of short duration. Moreover, OP did not allow them to carry eatables with them and complainant was compelled to purchase eatables available inside the premises of theatre. Complainant had to purchase pop corns and cold drinks for her family which were sold on excessive charges and no bill was issued. Burgar given by OP was wrapped in Aluminium foil which is very unhygienic and is the main cause of cancer. Moreover, water given by OP was contained in plastic bottles and it was not healthy for drinking as plastic starts dissolving in water and is harmful for health and is carcinogenic, but complainant and her family had to drink the same. Pop corns sold at multiplex were also not worthy to eat and these pop corns caused stomach ache to her children. It is also submitted that no bill for eatables was given to complainant and on several requests by husband of complainant, OP issued him bill. Complainant and her family spent time in multiplex with
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unease and felt very bad. Motive of complainant to show movie ‘Munda Hi Chahida’ to her relatives was in fact an effort by her to bring awareness to remove the tendency of people to make discrimination between girl child and boy child. Act of OP made them feel small in the eyes of their relatives and this act and conduct of OP has caused huge harassment and mental agony to complainant and her family. All this amounts to deficiency in service. Complainant has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.
3 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 22.10.2019, complaint was admitted and notice was ordered to be issued to the opposite party.
4 OP filed reply through counsel wherein took preliminary objections that complaint filed by complainant is false and frivolous and is based on baseless allegations and it is filed only to extract money from answering OP. However, on merits, OP have denied all the allegations levelled by complainant being wrong and incorrect, but admitted before the Commission that advertisement for movie ‘Munda Hi Chahida’ was given by OP. It is also admitted that answering OP cancelled the show for said movie because it was the last show of day and after waiting for some time when no one came to see that movie, they cancelled the show and also sent the operating staff at home. Complainant alongwith her family
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reached 30 to 35 minutes late and as till then, operating staff was also sent to home, therefore, it was not possible for them to play the said movie. It is totally denied that their behaviour was rude, rather answering OP very politely explained the reason for not playing that movie. After understanding the situation, complainant agreed to watch another movie. It is sternly denied that burger wrapped in Aluminium foil is main cause of cancer, rather even in houses aluminium foil is used for wrapping foods. Cold drink sold at multiplex were also of good brand and were supplied in hard paper glasses and fountain cold drinks are being sold by them. Pop corns purchased by complainant were also not of inferior quality and nothing was sold beyond MRP. It is denied that answering OP compelled complainant to purchase eatables from them and moreover, drinking water is provided at their complex, free of costs. They have denied all the allegations of complainant being wrong and concocted ones and asserted that present complaint is not maintainable. It is reiterated that there is no deficiency in service on the part of answering OP and no harassment or mental agony is caused to complainant and her family. Prayer for dismissal of complaint with costs is made.
5 Parties were given proper opportunities to produce evidence to prove their respective case. Ld counsel for complainant tendered in evidence affidavit of complainant Ex.C-1, copy of 11 tickets purchased by her Ex C-2, copy of computer generated online screen shot
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Ex C-3, copy of Car Entry Slip Ex C-4, Copy of articles purchased from Fun Plaza/OP Ex C-5, photocopy of wall clock depicting time 9.12 p.m. Ex C-6, articles Ex C-7 to Ex C-9 that show the injurious effects of using aluminium foils used for wrapping food items and then, closed the evidence.
6 To controvert the allegations of complainant, ld counsel for OP-1 tendered in evidence affidavit of Manjit Singh Ex OP-1 and Distributor Reports of different movies on various dates Ex OP-2 to Ex OP-13 and then, closed the same on behalf of OP.
7 From the careful perusal of record and after going through evidence and documents produced on file by complainant as well as OP, it is observed that in the present complaint, the complainant narrated that the OP vide advertisement displayed at various places of the city, gave call to public to watch movie on 18.07.2019 at night show. In order to watch the movie, the complainant alongwith her family members and relatives went to the theatre with a hope to watch the movie giving a social message for not discriminating between male and female child, but to their surprise, they came to know from OP that show was cancelled and cancellation of this movie show was not displayed on internet or on their website. OP further told complainant that show could not be displayed due to non availability of customers. The OP in their written statement admitted that show was cancelled due to non availability of customers. OP
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took stand that complainant and her relatives reached 30 minutes late in theatre. However, the complainant alleged that she alongwith her family and relatives reached the show on time but Opposite Party refused to show that movie because the staff of the theatre went to their homes as it was the last show of the day. OP nowhere denied that they have given information regarding cancellation of show to their prospective customers vide their website or internet or through any other mode of communication. It is unfair on the part of Opposite Party to cancel the show without providing information to the customers about its cancellation. It amounts to harassment for the customers who went to watch the movie of their choice, but could not see it due to cancellation of show as their staff went to their homes being the last show of the day, so it is an unfair trade practice conducted by OP. Hence, Opposite Party is liable for unfair trade practice.
8 After careful perusal of the record and in the light of aforementioned discussion, we have come to the conclusion that there is not only unfair trade practice but also deficiency in service on the part of OP in not showing the movie to complainant and her family members for which Opposite Party gave advertisement and displayed posters everywhere, rather cancelled the show without any intimation to its viewers on their website or through internet. It amounts to unfair trade
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practice on the part of OP. Complainant has produced sufficient and cogent evidence on record to prove her complaint. The authenticity of documents produced by complainant cannot be denied. Therefore, complaint in hand is hereby allowed with direction to Opposite Party to pay Rs.5,000/- (Rupees Five thousands only) to complainant as compensation for harassment and mental agony suffered by her. Compliance of this order be made within 45 days of date of receipt of the copy of the order. Copy of order be supplied parties free of costs as per rules. File be consigned to record room.
Announced in open Commission:
Dated: 28.12.2020
Member President (Addl. Charge)
(Param Pal Kaur) (Amrinder Singh Sidhu)
