Delhi

North

CC/127/2018

ANOOP KUMAR VERMA - Complainant(s)

Versus

GRIH KALYAN KENDRA - Opp.Party(s)

21 Nov 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.127/2018

In the matter of

Anoop Kumar Verma

R/o 1959, Lodhi Road Complex

New Delhi-110003                                                                                         …Complainant

                                   

Versus

Grih Kalyan Kendra through its Secretary

Mr.Ishwar Singh

Lodhi Road Complex Hq.office

New Delhi-110003                                                                                      ...Opposite Party-1

 

Joint Secretary and Chief Welfare Officer,

Grih Kalyan Kendra, Mr.Rajiv Rai

Room No.502, PESB building

CGO Complex, New Delhi-110003                                                           ...Opposite Party-2

 

Union of India through its Secretary

Mr.Syamal Kumar Sarkar

Department of Personnel & Training

North Block, New Delhi-110001                                                                ...Opposite Party-3

 

ORDER
21/11/2024

Ms.Harpreet Kaur Charya, Member

The present complaint was initially filed by Sh. Anoop Kumar Verma, against Grih Kalyan Kendra, through it Secretary ,as OP-1; Joint Secretary and Chief Welfare Officer, Grih Kalyan Kendra, Mr. Rajiv Rai as OP-2 and Union of India through its Secretary, Mr.Syamal Kumar Sarkar, Department of Personnel & Training. During the pendency of the complaint, Sh.Anoop Kumar Verma, the complainant expired and his legal heir Sh. Manish Verma was brought on record.

1. Briefly stated facts of the present complaint are that the deceased complainant on 02/09/2013 booked ‘Lodhi Colony Samaj Sadan’ for 08/09/2013 for a lunch of 50 plus number of persons.  He paid Rs.10/- for form No.F.10661 and Rs.17,242/- by way of DD to the Grih Kalyan Kendra, Lodhi Road complex, Headquarter office. A receipt bearing No.561(Sr.No.4862) was issued whereby Rs.6,000/- was towards hiring fees, Rs.500/- for cleanliness; Rs.720/-+Rs.22/- as Tax and Rs.10,000/- as refundable security deposit with allotment letter No.294 mentioning the terms and conditions of use of Samaj Sadan.
2. The complainant had booked a Halwai and a tentwala for total of 50 chairs and 10 tables with carpets and crockery.  It has been alleged by the complainant that in the morning of 08/09/2013, the authorised caretaker, namely Mr. Vikas Rawat of OP-1 did not allow the halwai to enter the Sadan and demanded some money but after a little while allowed the halwai to enter.   When the halwai went to wash/take water in a small utensil, the above named caretaker and security officer Mr.Sirohi closed the water tap, did not allow the halwai even to wash/take some water. 
3. OP-1 did not allow the tentwala and halwai to put tables and food inside the sadan hall or in the gallery outside the hall.   The complainant contacted the Secretary of OP-1, Mr. Ishwar Singh, who also refused to allow the complainant to use tables and food inside the hall or in the gallery.  The complainant has alleged that as he was not allowed to use the hall and its gallery for tables and food and he had to arrange the same under the open sky.  Even the tentwala was not allowed to take a single fan connection in the hot summer afternoon.
4. On 09/09/2013, the complainant applied for refund of security deposit alongwith the original receipt and allotment letter.  It has been stated by the complainant that on 12/09/2013, at 12.37 p.m. he was telephonically informed by the caretaker that he was compelled by the security officer to write that the complainant had used the tap water and made entry before 10.00 am.  On 16/09/2013, the complainant gave written complaint in the morning.  A show-cause notice was issued on 16/09/2013 by OP-1’s Account officer stating that the authorised caretaker had reported that the :-

‘booking party (i) utilise the GKK water forcefully; (ii) the halwai resorted to forced entry at 8.00 am; (iii) the booking party misbehaved in the presence of security officer’, the said show-cause notice was duly replied on 19/09/2013.

5. A written complaint was given to SHO, Police Station, Lodhi Colony on 27/09/2013.  An email was also written to OP-3 on 30/09/2013 with request for directions to OP-1 to refund the security deposit and compensation of Rs.2,00,000/-. However, despite several representations seeking refund of the security deposit and action against officers of OP-1, the complainant received a letter intimating that the entire security deposit had been forfeited without any cogent reason. An appeal against the order of accounts officer was filed by the complainant on 04/10/2013 alongwith an RTI application to OP-1.      
6. The complainant has further stated that though an amount of Rs.500/- was charged extra from the user as cleanliness charges however, the ceiling, walls and floors were not cleaned and swept on the day of event and the brochure/booklet does not mention that the halwai could not enter before 10.00 a.m.; the penalty for use of Sadan’s tap water; tables and food were not allowed inside the hall or in the gallery; no fan connection from the hall was allowed.  As the main gate and inside gate of the Sadan hall are always locked, the halwai cannot enter forcibly without the consent of the caretaker. 
7. It has been alleged by the complainant that officers of OP-1 have adopted unfair trade practices by forfeiting the entire security amount which is more than the fees for hiring of the Sadan without mentioning the breach of condition by the complainant.
8. The complainant has prayed for directions to OP-1 to refund the complainant entire security amount; award a compensation of Rs.2,00,000/- for the injury , damage and loss suffered by the complainant due to the deficiency in service, unfair trade practices and offences committed by the officers of OP-1 and to summon OP-1 to OP-3 and punish them accordingly.
9. The complainant has annexed the receipt No. 561 dated 02/09/2013 as Annexure-A, allotment letter dated 02/09/2013 as Annexure-B, application Form for refund of security amount duly received by OP-1 on 09/09/2013 as Annexure-C, complaint to OP-3 dated 16/09/2013as Annexure-D, show-cause notice dated 13/09/2013 issued by OP-1 and its reply dated 19/09/2013 as Annexure-E and Annexure-F respectively.   A complaint dated 27/09/2013 to SHO, Lodhi Colony, Delhi and complaint dated 30/09/2013 to OP-3 are Annexure G and Annexure-H, letter dated 27/09/2013 issued by OP-1 forfeiting security deposit, appeal dated 04/10/2013  by the complainant , RTI application dated 04/09/2013 alongwith postal order are Annexure-I to Annexure-K-1, copy of booklet of OP-1 has been annexed as Annexure-L with the complaint.
10. Written statement was filed on behalf of OP upon service of notice issued by this Commission.
11. Several preliminary objections have been raised by OP such as the present complaint is false, frivolous and devoid of any cause of action; the instant complaint has been filed to harass and pressurise the OP to succumb to the illegal and unjustified demand such as refund of the whole booking amount after having utilized the place for the function and the complain is not maintainable under the Consumer Protection Act as the complainant has sought a compensation of Rs.2,00,000/- for injury, damages and losses without stating such injury damages and losses.
12. It is submitted that the main objective of the Grih Kalyan Kendra (hereinafter GKK) is to help needy Central Government employees and their dependent specially covering the women and children belonging to the lower income group  who are in the genuine financial and psychological need of temporary rehabilitation by providing them training and experience during their leisure time.  The Kendra runs certain craft & creative, crèche and nursery class activity so as to enable them to acquire skill and experience for better avenues of employment.   These activities are run in Samaj Sadan and Welfare Centres constructed and maintained by the Central Public Works Department under the Ministry of Urban Development and handed over to DOP&T (Kendra) for administrative control.   Apart from running the above said welfare activity, the central government employees can book these Samaj Sadan at any time at subsidised rates whereas the private persons can book these Samaj Sadan only three months before the date of function subject to availability. A booklet containing the guidelines to be observed by the hirers  /users for various Samaj Sadans, hiring charges, booking charges as well as the penalties to be imposed for violation of the guidelines is published which also contains booking forms.
13. It has been denied that on 08/09/2013 the caretaker of GKK did not allow the Halwai to enter and demanded money, there were spider webs in the ceiling and walls of the hall and the floors were unclean.  It has been submitted that the complainant alongwith Halwai tried to enter the Sadan at 8.00 am, before the scheduled time i.e. 10.00 am.  The caretaker informed the security officer.
14. The allegations regarding the uses of hall and galleries for serving the food are concerned, it has been submitted that the hall is meant for gathering and gallery for the passage of the guests in the hall therefore, the food is not allowed to be served in the hall.  As per the conditions of booking, the booking party has to arrange its own water tankers for food/eateries but the complainant use the water from the connection of the Sadan and despite several request not to take water from the Sadan, the complainant and halwai did not adhere to the request, therefore, the water supply was forcibly stopped by the staff.
15. It has been admitted that the complainant made a telephone call to OP-1, however, OP-1 requested the complainant not to violate any condition of booking failing which the GKK would be compelled to forfeit the security amount.  The complainant thereafter misbehaved with the staff present at site and also threatened OP-1.
16. The complainant forcibly also tried to misuse the electricity of the Sadan by connecting fan and Coffee Machine and other electrical equipments which were later on removed at the instance of staff of the Sadan.  The complainant should have arranged for a noiseless generator set up to 5 KV.  It has been denied that on 12/09/2013, the caretaker of the sadan had informed the complainant that he was forced to write that the complainant had used tap water and made entry before 10.00 am on 10/09/2013 rather the certificate dated 09/09/2013 was submitted by caretaker.
17. The reply of the show-cause notice was found to be unconvincing.  Thus, the amount was forfeited and the complainant was in violation of the terms and conditions at S.No.(b) and (d).  It has been denied that OPs had adopted unfair trade practices. Rest of the contents of the complaint have also been denied. 
18. OP has annexed the brochure of booking of Samaj Sadan as Annexure-C-1, No Objection Certificate dated 09/09/2013 as Annexure-C-2 with their written statement.
19. Rejoinder to the written statement was filed by the complainant.  The contents of the complaint have been reiterated and those of the written statement have been denied and objections have been raised with respect to the NOC filed by OP as it is neither attested nor certified. It has been submitted that there is difference in handwriting as he has disputed that caretaker namely Sh.Vikas Rawat is not fluent in writing English and it is an afterthought.  He has further submitted that NOC report is false, fabricated, motivated, manipulated and misleading.
20. Evidence by way of affidavit was filed on behalf of complainant.  Sh.Anoop Kumar Verma has got himself examined and deposed on oath the contents of his complaint.  He has got exhibited booking form as Ex.CW-1/A; receipt No.561 (Sr.No.4862) as Ex.CW-1/B, allotment letter No.294 mentioning terms and conditions for use of Sadan as Ex.CW-1/C; written complaint dated 16/09/2013 addressed to Joint Secretary–cum-Chief Welfare Officer as Ex.CW-1/D; show-cause notice issued by OP dated 13/09/2013 received by complainant on 16/09/2013 as Ex.CW-1/E.
21. Reply to the show-cause notice on 19/09/2013 and written complaint dated 27/09/2013 to SHO, Lodhi Colony Police Station are Ex.CW-1/F and Ex.CW-1/G respectively.  Representations of different dates have been exhibited as Ex.CW-1/H to Ex.CW-1/I.  An appeal dated 04/10/2013 against the order of GKK, RTI application alongwith postal receipts have been exhibited as Ex.CW-1/J and Ex.CW-1/K.  The photographs and videos are Ex.CW-1/L.
22. Sh.M.K.Ghose, Accounts officer of OP has been examined on their behalf.  He has reiterated the contents of the written statement and has relied on the documents annexed with it.
23. We have heard the arguments of Sh.Manish Verma, the  LR of the complainant and Ld. Counsel for the OP. We have also perused the material placed on record. The complainant has alleged that the OP did not refund security amount of Rs.10,000/-.  To determine the entitlement of refund of the security deposit it becomes important to go through the terms and conditions as mentioned in the brochure.  Annexure-L filed by the complainant and Annexure C-1 filed by OP. The relevant terms and conditions for booking of Samaj Sadan are being reproduced hereunder:-

Booking timings                           :10.00AM to 20.00 PM on all working days (Monday to Friday)

Hiring period                                ....

Timing of use of Sadan:              for marriages/receptions from 10.00 AM to 8.00 AM

Of the next day and from 10.00 AM to 10.00 PM for other purposes

 

XI      General Instructions:- The booking form can be obtained from Booking Counter.  Grihkalyan Kendra, Samaj Sadan, Lodhi Road complex, New Delhi-110003 between 9:30 A.M. to 6:00 P.M. on all working days.

1. ...
2. Booking parties has to arrange its own water tanker for cooking of food/eateries etc.
3. ...

 

(e) 

(f)

(g)

(h)

(i)        The party may instruct the halwai tentwala etc. that there worker should not misbehave with the local resident and do not make loud noise by throwing/putting their articles in the vehicle at the time of unloading/loading of tent material even during the permissible timings.

(j)

 

(k)       Pasting bills/posters, fixing nails etc. on the interiors/exterior  walls of Sadan is not allowed and will attract a penalty.

 

 

(l)

(m) 

(n)       The truck carrying tent load etc. will not be allowed to enter the main gate as they damage the sewer and water pipe.

(o)       Installing food counter inside the hall/rooms not permitted.

(p)       Generator sets of specified standard are to be hired by the booking party for the use other than the fan and lights fitted inside the hall/rooms. 

 

24. If we look at para 5 of the complainant evidence :-

“I say and submit that on 8^th September at about 7.00 AM the halwai phoned my son and told him that Care taker, Vikas Rawat was not allowing him to enter the Sadan. I phoned the halwai to know the reason, he replies to me that caretaker Vikas was demanding some money from him for his entry in the Sadan before 9.00 am.“Having heard this, I phoned to Vikas at 7.40 am and immediately reached the Sadan at about 7.45 am where I saw the halwai already inside the Sadan and stickers pasted yesterday were removed from the Hall’s door and walls, but the sadan hall still was dirty, unsweeped and uncleaned.On asking the reason Vikas replied, “The Security officer Sirohi had given me the permission to allow the halwai to enter the Sadan as naturally the halwai has to ready the food before lunch time. I had removed the stickers so that the door and walls of the Hall could not become dirty.So far as sweeping and cleanliness is concerned, today being the Sunday, no sweeper will come”.“After a little while when the halwaii went to wash or take water in a small utensil. SO Sirohi asked Caretaker Vikas to close the Sadan’s water tap so that the halwai could not use/wash a small utensil.I phoned to their secretary Mr. Ishwar Singh on his mobile no.981887835 and told him that I was AK Verma then he remembered and said, “Accha.Achha vo verma jisne meri aur mere staff ki complaint kee hee ki mera caretaker paise leta hai.How did you dare to phone me on ‘Sunday’ and he disconnected the phone. Thereafter, the tentwala with tables and crockery came but first Vikas did not allow his entry also before 9 am.Then demanded some money from him also, but a little later allowed him also to enter the Sadan. My halwai and tentwala went inside the hall to put tables for water and food, but the caretaker Vikas and SO Sirohi did not allow him food tables, DJ and coffee machine etc.  inside the hall. I said to them, “ Alright please allow us in gallery outside the Hall even that they did not allow.Several request were made by me, halwai and tentwala person to the Caretaker and the Security officer to allow food and tables inside the hall but no use.Then I again phoned to Secy Ishwar Singh and requested him to allow the tables and food inside the hall.He replied “Gallery is as good as Hall”.And disconnected the phone and thus he also did not allow the food and tables either inside the Sadan hall or in its gallery outside the hall.I again phoned to Secy Ishwar Singh, requested him not to stop the water from tap and if he could not provide water, table and food etc. facilities then they should refunded my full booking amount, what for I had paid for such a huge booking amount.He said “ensure no violation, no argument.......”

26.   If we look at Allotment letter dated 02/09/2013 (Ex.CW-1/C), it bears “permission of the use of the said Sadan is hereby granted subject to the terms and conditions given below as well as those contained in the accompanying booklet.  Further, the terms and conditions for use of Samaj Sadan:

1.

2

3.

4.         The party shall instruct the Halwai, Tentwala, etc that their workers should not misbehave with the local residents and do not make a loud noise by through in/putting their articles in the vehicles etc. at the time of departure.  The tentwala will not be allowed to load and unload his tent etc between 11.00 PM and 5 AM.

 

27.    The relevant portion of  para 3 of the complaint is being reproduced hereunder:-

“When the halwai went to wash or take water in a small utensil, both the caretaker Vikas Rawat and GKK Security officer, Sirohi closed the water tap and did not allow the Halwai even to wash a small utensil or take some water in that. thereafter, both the caretaker and the Security Officer of GKK did not allow the tentwala & halwai to use tables and food neither inside the Sadan hall nor in the Gallary outside the Hall:  even not a single table for drinking water was allowed.  When the complainant contacted their Senior officer the GKK Secretary Mr. Ishwar Singh, he very arrogantly first aksed the complainant how did he dare to phone to im on Sunday and then he also flatly refused to allo wthe complainant to use tables and food either inside the Hall or in the Gallary outside the Hall.  The complainant asked him if he could not use water, Hall Gallary facilities the what for te hall meant was and he asked the Secy. to refund him his entire booking amount. ................................................................................................................................................................................................................................................Ultimately, the complainant could not use the tap water, hall and its gallery for tables and food for is Lunch function and he had to arrange that outside the Hall and its gallery under the open sky in such a hot summar afternoon.  When the tentwala tried to take a single fan connection from the hall, Mr. Sirohi disconnected that also and thus the complainant and his guests, most of the working and retired govt. Officers had to stand and take lunch under the open sky in such a hot summer afternoon even without a single fan connection form the Sadan.

 

28. Similarly, the complainant has also alleged that both the caretaker and the security officer of GKK did not allow the tent wala and Halwai to use tables and food neither inside the Sadan Hall nor in the gallery outside the hall, even not for a single table for drinking water was allowed.

Thus, it implies that OPs staff acted in accordance with the terms and conditions, the aforementioned allegations are deemed admissions on part of the complainant that he used water.

As per NOC, which is to be issued after the function :_

 

Whether there was any digging of holes in the cemented portion of tiles/breaking of window panes/spoilage of white washing tiles etc.	No
Whether the Samaj Sadan was handed over without getting  it cleaned	Yes
Whether the premises were vacated within prescribed permissible timing	Yes
Playing of band/Music/DJ loud noise/Brusting of crackers etc. after 10.00 pm	No
Whether loading of tent material etc. was done between the prescribed timing i.e. 5.00 AM to 8.00 AM	Yes
Whether the use of Samaj Sadan for the purpose other than for which it was booked/or used by the person other than the hirer	No
Consumption of liquor/alcoholic drinks in an around the Samaj Sadan	No
Illumination of trees and bushes	No
Any disturbance of peace and tranquillity by the booking party in and around the Samaj Sadan due to quarrel etc.	No
Whether the entry to Samaj Sadan was made as per schedule timing (10.00 AM)	No forcefully entered  before time
Water/electricity was used by booking party from GKK Samaj Sadan	Yes, water
Whether the food counter were installed inside the Hall/room	No

 

 

29. The complainant has placed on record the Show-cause notice dated 13/09/2013 issued by OP.  The said Show Cause notice has been issued upon the report of Sh. Vikas Rawat, the Caretaker in Samaj Sadan at Lodhi Colony informing the following:-

1. The party did not arrange for water tanker as provided in general instructions contained vide S.No.(b)  of the booklet.  However, the caretaker has reported that despite the denial the water of GKK was utilised forcefully. Hence, the condition was reported to have been violated.
2.  As per condition for booking, hiring out the Samaj Sadan is permitted to hold the function from 10.00 a.m till 8.00 a.m. on the following day.  However, the caretaker reported that the halwais reported to force entry at 8.00 a.m. Therefore, the said condition is violated.
3. Besides, the caretaker has also stated that the booking party did not adhere to the guideline given from time to time for usage of water, electricity etc. and misbehaved in the presence of the security officer.

The  said show-cause was replied vide reply dated 19/09/2013 denying the violation. While going through the said reply, we observe there are material contradiction with respect to the entry of the halwai, tentwala and arrangement of the generator.  Not being satisfied with the reply of the Show Cause Notice, the entire Security deposit was forfeited vide letter dated 27/09/2013 by OP.

30. The complainant’s own admission in para 5 of the Evidence by way of affidavit that around 7.00 am, the halwai was denied entry and ultimately when the complainant reached Sadan at 7.45 a.m, the halwai was already there, whereas as per terms of use, the Sadan was to be used from 10.00 a.m onwards.  The NOC issued by Sh.Vikas Rawat, the caretaker of OP also reflects that there was forceful entry before time. Thus, it is clear breach of terms of use. 
31. Even as per clause XI General Instructions, Point (p) which specifies that the booking party had to hire a generator set of specified standard for use other than the fan and light fitted inside the hall/room, thus the complainant was also rightly disallowed to take the fan/coffee machine connection.   From the above discussion, we are of the opinion that there is no deficiency in services and unfair trade practice on part of OP and they have rightly forfeited the security amount of Rs.10,000/-.
32. Therefore in the facts and circumstances, the present complaint is dismissed being devoid of merits without order to cost.
33. Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

 

(Harpreet Kaur Charya)             Member	(Ashwani Kumar Mehta)                          Member   (Divya Jyoti Jaipuriar)           President