DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.618/2013
Dr. Arun Kumar Jain
D-1 MCD Flats, Defence Colony, B-Block,
New Delhi-110024
Also at:
Khasra No.840, Mandi Village,
Shivmandir Gali,
Behind Lalita Devi College,
New Delhi-110047 ….Complainant
Versus
Golden Tulip Hotel
No.242-246, Fatehpur Beri
Asola, Chatarpur Temple Road,
New Delhi-110074 ……Opposite Party
Date of Institution : 20.12.13 Date of Order : 02.03.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The case of the Complainant, in brief, is that he booked the pool side of the OP hotel venue on 02.11.13 for his son’s wedding. Initially, the booking was done by Mr. Mathur and part payment was paid for the pool side venue but prior to 3 days of the event the OP compelled him to adjust to an another venue of the same hotel on the ground that the pool side venue had been double booked for the same date for some other client. He had no option but to accept the same (Imperial Garden). The chaos and confusion was created amongst family and friends as the wedding invitation cards were already printed and distributed. The venue was ill-prepared which led to massive delay in the wedding because there was no proper decoration which caused a lot of displeasure to all and that area was accidental prone area as one of his guests got her leg fractured due to uncovered manhole. The food menu and other related things were not in proper form. During the fera ceremony, OP intentionally did the power cut in rage to seize the balance payment and illegal and unlawful confinement of the bride and groom’s car on the parking ramp for more than one hour as the exit gates were fastened by the authorities which affected the health of the bride and forced the Complainant to call the police. He was forced to sign the final clearance bill without taking any action against them. The event took place in the presence of one Head Constable who had reached the venue when the Complainant had called on 100. He also registered his complaint with P.S. Fatehpur Beri for illegal confinement of his son and daughter-in-law alongwith harassment, misbehaviour and violation of written commitments, due to which he had to face a lot of insult in front of his distinguished guests. Hence, there was a deficiency in service on the part of OP. Complainant has prayed as under:-
- Direct the OP to pay Rs.10 lakhs to the Complainant for causing him harassment and damage to his reputation.
OP has been proceeded exparte vide order dated 26.03.2014 passed by our predecessors.
Complainant has filed his own affidavit in evidence as well as written arguments. We have heard the Complainant and have also gone through the file very carefully.
For the purpose of identification we mark the wedding card as Annexure-1 wherein it is mentioned that the reception of the Barat and Lunch would be held at pool side of OP hotel. Annexure-B relates to the final payment made by the Complainant to the OP. Annexure-3 is the copy the complaint registered with P.S. Fatehpur Beri, Delhi-110047 which substantiate the averments made in the complaint.
The OP has the knowledge about the filing of the complaint but has not chosen to contest it.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. We can imagine about the plight of woes, insult and mental agony undergone and suffered by the Complainant and his family members before the bride’s parents and their common relatives and guests. Marriage of a person is among the biggest lifetime achievements of his/her life. His/her parents always make endeavour to make best arrangement for the solemnization of the marriage and book the best venue according to their economic and financial status. If their dreams are scattered and broken by a third person without any sense, that third person will certainly become a villain in the eyes of the parties. The same thing happened in this case also. Without giving any solace or saying two words of sympathy to the Complainant, the OP has slept over the matter which is highly condemnable. Therefore, we hold the OP guilty of unfair trade practice and gross deficiency in service, allow the complaint and direct the OP to pay Rs.5 lacs to the Complainant towards compensation for mental agony and harassment undergone by the Complainant.
The order shall be complied within 30 days of receipt of copy of this order failing which the OP shall become liable to pay interest 9% per annum on the amount of Rs. 5 lacs from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 02.03.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 618/13
2.3.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to pay Rs. 5 lacs to the Complainant towards compensation for mental agony and harassment undergone by the Complainant. The order shall be complied within 30 days of receipt of copy of this order failing which the OP shall become liable to pay interest 9% per annum on the amount of Rs. 5 lacs from the date of filing of the complaint till its realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
