Tamil Nadu

North Chennai

CC/22/2021

Lion.G.Devarajan - Complainant(s)

Versus

Gopikrishna Cinema Theatre,The Proprietor Manager - Opp.Party(s)

Party in Person

15 Jun 2022

ORDER

Complaint presented on : 18.09.2020

Date of Disposal              :  15.06.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

CHENNAI(NORTH)

2^nd  Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chenn-ai600 003.

 

PRESENT :  THIRU G. VINOBHA, M.A., B.L.,                                       : PRESIDENT

                       TMT. KAVITHA KANNAN, M.E.                         : MEMBER-I

                       THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No. 22/2021

 

DATED THIS DAY WEDNESDAY THE 15^th DAY OF JUNE 2022

 

Lion G. Devarajan,

S/o. J. Gopalakrishnan (Late)

No.25/12, Sathyanarayanan Street,

Sembium, Chennai-600 011.                                          ….  Complainant

 

…Vs…

 

Gopikrishna Cinema Theatre (Rukhmani),

The Proprietor / Manager,

13, MuthammanKoil Street,

Gopal Pillai Nagar,

Bharathi Nagar, Ayanavaram,

Chennai-600 023.                                                          ….  Opposite Party

 

Counsel for Complainant                   : Party-In-Person

 

Counsel for  opposite party                 : Exparte(07.04.2022)

 

 

 

 

 

 

ORDER

THIRU. V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

          This complaint has been filed by the Complainant against the Opposite party under section 35 of the Consumer Protection Act, 2019 prays to direct the Opposite party to refund the excess amount of Rs.113/- collected and to pay compensation of Rs.4,80,000/- for the mental agony caused due to deficiency in service for indulging unfair trade practice acting in a manner contrary to rules and cheating the fans by collecting excess amount and cost for the complaint.

 

1. THE COMPLAINT IN BRIEF :

The Complainant herein stated that he has booked a ticket for the Vijay Starrer Movie “BIGIL” on 18.10.2019 at Gopikrishna Cinema Theatre (Rukhmani), 13, MuthammanKoil Street, Gopal Pillai Nagar, Bharathi Nagar, Ayanavaram, Chennai-600 023 by paying a sum of Rs. 223.60 through online(Ticket New.).  The Complainant alleged that the Opposite Party has collected an excess amount of Rs.113/- which is over and above the rates fixed by Government of Tamil Nadu by G.O. Ms. No. 762 dated 16.10.2017.  The Complainant also mentioned that Government has also fixed rates for parking of two wheelers and four wheelers.  This theatre had not exhibited the rates fixed by the Government.  It is alleged that the opposite party is indulging in unfair trade practice acting in a manner contrary to rules and cheating the fans by collecting excess amount.  The Complainant represented the above to the Theatre authorities and also to  Police authorities but no action was taken.  Hence this complaint was filed before this Commission to direct the opposite party to refund the excess amount Rs.113/-, an amount of Rs.4,80,000/- towards compensation for the mental agony caused by indulging in unfair trade practice and costs for the complaint.

 

2. POINTS FOR CONSIDERATION

 

1. Whether the Opposite party caused deficiency in service by indulging in unfair trade practice ?
2. Whether the Complainant is entitled to the reliefs prayed in the complaint.  If, so to what extent?

The Proof Affidavit was filed by the Complainant as his evidence and the documents were marked as Ex. A1 to A6.  Written argument was also filed by Complainant.

3. POINT NO. 1

The Complainant has filed this complaint against the opposite party for deficiency of service by indulging in unfair trade practice by collecting excess charges for the ticket booked for the film Vijay Starer movie BIGIL on 18.10.2019 by Gopikrishna Cinema Theatre (Rukhmani), 13, MuthammanKoil Street, Gopal Pillai Nagar, Bharathi Nagar, Ayanavaram, Chennai-600023.  The G.O.(Ms) No.742 dated 16.10.2017 issued by Government of Tamilnadu for revised rates by Cinema Theatres is marked as Ex.A1. Ex.A2 is online booking ticket copy.  The bank statement shows that the payment was made from the complainant account and the said document is marked as Ex.A3.  The Complainant issued legal notice to Opposite party on 29.10.2019. The complainant lodged the complaint before The Police Commissioner, Chennai which is marked as Ex.A5.  The website screenshot is marked as Ex. A6 and it shows that details of the ticket schedule.  It is alleged that the Opposite party had collected excess amount for the ticket by indulging in unfair trade practice and demanding refund of excess amount of Rs. 113/- and other reliefs towards compensation for deficiency in service. It is alleged in the complaint that the theatre had not enhibited the government rates at the entry point in the theatre. The Opposite Party had not responded for the notice issue to them on 29.10.2019.  The Opposite party remained Ex-parte.  It is for the Complainant to prove deficiency in service by Opposite party.

 

4. As per G.O(Ms)No.762, Home (Cinema) Department, Dated:16.10.2017 it shows that the rate entitled for AC Theater in Municipal Corporation admissible ticket amount of  Rs. 100/- only and not Rs. 87/- as mentioned in the complaint.  Hence the excess amount collected by the Opposite party from the complainant was Rs. 100/- only.  It is proved from Ex. A1 and A2  that an excess amount of Rs. 100/- has been collected by Opposite party which is over and above the rates fixed by Government.  Thus the Opposite party had committed deficiency in service by indulging unfair trade practice to the complainant. Point No.1 is answered accordingly.

5.  POINT NO.2

In the result the Complaint is partly allowed.  The Opposite Party is directed to refund the excess amount of Rs. 100/- collected from the Complainant.  In addition to that the Opposite party shall pay a sum of Rs.5000/- towards compensation for causing mental agony and shall pay a sum of Rs.2000/- towards cost of this proceedings.  The above amount shall be paid to the Complainant within one month from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment. 

Dictated by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 15^th day of June 2022.

 

MEMBER I                           MEMBER II                     PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT

Ex. A1	16.10.2017	G.O. Ms. No.762
Ex. A2	25.10.2019	BIGIL MOVIE Online Ticket
Ex. A3		Payment paid through Complainant bank account  Pass book
Ex. A4	29.10.2019	Representation to the opposite party with speed post
Ex. A5	02.11.2019	Representation to the Police authority with speed post
Ex. A6		Website Screen Print

 

 

 

MEMBER I                           MEMBER II                     PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

CC.NO.22/2021, DATED:15.06.2022 Order Pronounced,              In the result the Complaint is partly allowed.  The Opposite Party is directed to refund the excess amount of       Rs100/- collected from the Complainant.  In addition to that the Opposite party shall pay a sum of Rs.5000/- towards compensation for causing mental agony and shall pay a sum of Rs.2000/- towards cost of this proceedings.  The above amount shall be paid to the Complainant within one month from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.      MEMBER-I     MEMBER-II      PRESIDENT