DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.299/2011
Shri Ram Khiladi Nim (64 years old)
Director, Western Printing Group
Survey of India New Building
Near Rly. Crossing Palam
New Delhi-110010 ….Complainant
Versus
Mr. R. K. Kharab
The Administrative Office
Grih Kalyan Kendra (HQ)
Samaj Sadan, Lodhi Road Complex
New Delhi-110003 …...Opposite Party
Date of Institution : 26.08.2011
Date of Order : 29.04.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
The complainant has filed the present complaint for seeking a compensation of Rs.2,52,000/- on account of humiliation, harassment, defamation and loss of prestige faced by the complainant alongwith Rs.2000/- paid to the staff of OP due to deficiency in service rendered by the staff member of the OP. He booked Pushp Vihar Samaj Sadan for function on 26.12.10 (F/N) and he was charged Rs.2000/- for tent and Halwai persons, Rs.500/- for keeping tentage, Rs.500/- for Halwai place and bricks and Rs.500/- for allowing water for washing utensils and Rs.500/- for sweeping and cleaning of the floor. It is stated that “the Samaj Sadan was not get swiped and clean up to 12.00 hrs (noon) the staff was found very keen to snatch the money from my staff but no doing their any sweeping & cleaning work. Mr. Rahul the caretaker was not present there for whole day. Neither he had visited the place nor he meet me for proper handing over, and up keeping of Samaj Sadan on the very day. Moreover he had kept remained switched off his mobile No. also for whole day.” As a result the programme was delayed by 3 and half hours from 11 a.m. to 2.30 p.m. His halwai could not prepare the food and snack timely and tentwala could not start the tent till 11 a.m. because the area was not clean. So many of his friends and relatives had gone without lunch/food and without attending the function due to the mismanagement by the OP which could have been averted if the OP had taken his job properly and the Sadan was handed over to him in clean condition at 10 a.m. to start the tenting. Due to misbehavior of the OP staff his image was spoiled in the eye of all invitees and friends as all had come from Ranchi and Indore to perform the rituals. It amounted to deficiency in service on the part of the OP.
OP in the counter reply has inter-alia stated that the Sadan was booked by the complainant for 26.12.2010 from 10 a.m. to 10 p.m. for holding engagement of his son Sh. Nimesh Nirmal. After the function, the venue was handed over to the caretaker of the said Sadan and No Objection Certificate was issued to him on 30.12.10 for getting the refund of security deposit. After 6 days of the issuance of the NOC the OP received a complaint dated 05.01.11 regarding misbehaviour and mismanagement of the Sadan staff and also extracting a sum of Rs.2000/- from the tent and halwai persons. On receipt of the complaint the same was sent to the caretaker of the said Sadan for giving his report on the same. The caretaker gave the report dated 20.01.11 wherein he denied any such happening on 26.12.10. It is submitted that the complainant had not called his water tanker and on his own kept all the material for cooking the food in one room and started using the electricity of the Sadan without any permission. The halwai of the complainant was also using the water from the Sadan without any permission when he (caretaker) requested the complainant to arrange for his own generator and water tanker thereafter the complainant started shouting at him and also used foul language. It is submitted that the complainant threatened him (caretaker) with serious consequences and also levelled false allegations that he had demanded Rs.2000/- as a bribe to permit him to use water and electricity of the Sadan. The caretaker also submitted that the same are false allegations and during the ceremony he was present in the Sadan. On receipt of the explanation of the caretaker the OP sent the same to the complainant and requested him to visit the office for discussion. Since the complainant failed to visit the office of the OP, the OP sent a reminder dated 27.06.11 to the complainant. He was also informed that since he had not visited the office of the OP though a period of 6 months had already passed and he had not produced any evidence in support of the case this implies that the complainant has nothing to say in this matter. OP has further stated that no loss as alleged by the complainant to the tune of Rs.2,52,000/- as claimed was suffered by him nor there was any deficiency in service on the part of the OP. Hence, denying any deficiency in service on its part, OP has prayed for dismissal of the complaint.
Complainant has filed a rejoinder and reiterated the averments made in the complaint.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Ashok Kumar Tyagi, Administrative Officer has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the complainant and have also gone through the file very carefully.
It is evident from the record that the complainant had booked Pushp Vihar Samaj Sadan for 26.12.10 for ring ceremony of his son (copy Annexure-2). The OP vide letter dated 19.11.10 issued an allotment letter to the complainant (copy Annexure-3). The OP issued a NOC on 30.12.10 to the complainant (copy Annexuure-7). The complainant vide letter dated 05.01.2011 sent a complaint alleging misbehavior and mismanagement by OP (copy annexure-8). The OP vide letter dated 10.03.11 informed the complainant that “….after considering your complaint and the reply furnished by Shri Kazania, which was not found satisfactory and therefore, the Competent Authority decided to disengage Sh. Kazania from the service of GKK w.ef. 31.01.11. Accordingly, his engagement was terminated from GKK w.e.f. 31.01.2011.
In the above, you are requested by the Security Officer (GKK) on telephone several times to visit this office to discuss the misbehavior and misconduct of the staff of the Samaj Sadan as stated by your in your complaint. It is, however, regretted that inspite of agreeing by you to visit this office, you have not turned up so far and did not cooperate with GKK. Further, the Competent Authority in GKK, while considering your complaint, viewed it seriously that bribe/tips had been given by you to GKK staff. As appropriate action has already been taken against Shri Kazania based on your complaint, no further action appear to be necessary on the parts of GKK in the matter.”
In view of the above, it appears that the OP requested the complainant to appear in their office to discuss the misbehaviour and misconduct of the staff of the Samaj Sadan but the complainant failed to appear before the OP as the complainant had alleged the bribe/tips had given by him to the GKK staff. The OP had already taken action against Sh. Kazania (caretaker) according to the complaint. The OP filed the terms and conditions of the GKK wherein in clause (xv) it is clearly mentioned that “ no tips are to be given to any worker of GKK. In case any worker asked for money or other favour, the user may contact administrative office, security officer or secretary GKK on the number given in the booklet.” The complainant had not informed the above officer regarding the bribe and not filed any documentary proof regarding paying the money to the staff of the OP. Till the date of receipt of NOC from the OP the complainant did not raise any grievances. All his grievances came into existence after receipt of NOC from the OP. Hence, the complainant has failed to prove any deficiency in service on the part of the OP. Hence, we dismiss the complaint with no order as to costs.
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 29.04.17.
