DISTRICT CONSUMER DISPUTES REDRESSAL FORUM FATEHGARH SAHIB

Consumer Complaint  No.     :        66 of 10.10.2017

                             Date of Decision                      :         15.04.2019

Parveen Kumar aged about 48 years son of Sh.Om Parkash, Resident of Ward No.13, Railway Road, Bara, Sirhind, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Harchand Singh alias Jassi Halwai son of Sh.Bharpur Singh, Resident of Village Machrai Kalan, Tehsil Amloh, District Fatehgarh Sahib, now residing at Near Railway Crossing, Brahman Majra, Sirhind, Tehsil and District Fatehgarh Sahib.
2. AGM Resorts, Village Sarai Banjara, Rajpura, Tehsil Rajpura, District Patiala through its Manager – Sh.Mohit Sharma.  

…..Opposite Parties

Complaint Under Sections 11 to 14 of the Consumer Protection Act 1986.

Quorum

Sh. Kuljit Singh, President.

Sh. Inder Jit, Member

Present :      Sh.G.S. Saini, Advocate counsel for the complainant.           

                   Sh.P.S. Syan, Advocate counsel for OP-1

                   OP No.2 ex parte.

ORDER

By Kuljit Singh, President

1. Complainant – Parveen Kumar has filed this complaint against the Opposite Party (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. On 24.09.2017 at night, complainant solemnized the marriage function of her daughter and complainant engaged the opposite parties for the same. The amount of Rs.1,95,000/- was settled between the complainant and OP-1 and the amount for solemnization function at the place was settled at Rs.2,00,000/- with OP-2.  On 02.07.2017, OP-1 received Rs.10,000/- from complainant and gave the quotation of the items, which was necessary in the marriage.  It was settled that opposite party No.1 will prepare the items with material in settled amount. It was agreed that OP-1 will provide/give the following items for 400 persons:-

Cold Drinks etc

1. Cold Drink
2. Mineral Water cup
3. Dry fruits at the time of entry of Barat
4. Brahmishek and coffee

SNACKS

1. Panir Tikka
2. Mashroom Tikka
3. Aalu Finger
4. Manchurian
5. Cattle Kaba
6. Cheechilli
7. Hanigobi
8. Soya Champ
9. Spring Roll,

stalls

1. Aalu Tikki
2. Dahi Bhalla
3. Gollgappey
4. Sambar Doss
5. Nuddles
6. Poppcorn
7. Idly
8. Fruits Fresh

MAIN COURSE

1. Rice
2. Curd Four Types
3. Dal Makhni
4. Shahi Panir
5. Matar Mashroom
6. Malai Kopta
7. Shahi Korma
8. Mis veg
9. Palak Corn
10. Channa Masala
11. Three type of Chapatis

PUNJAB FOOD

1. Rice
2. Daal
3. Rajmaah
4. Gajar Matar
5. Aalu Gobhi
6. Dahi
7. Makki Di Roti
8. Saad and Achaar

SWEETS

1. Moongi Halwa
2. Hot Gulaab Zamun
3. Ice Creams Three Types
4. Rubbery Jalebi

At the time of Fere

1. Coffee
2. Mineral Water
3. Cold Drink
4. Mathi
5. Biscuit
6. Barfi

3. On 17.09.2017, OP-1 has demanded entire amount from complainant, as settled and the complainant gave the remaining amount of Rs.1,85,000/- to OP-1. The rent of palace was settled as Rs.2,00,000/- and OP-2 was ready to provide/give the palace plus decoration with original flowers, Carpet in lawn, DG Stage, Four Generators Lights, High Neck Chairs 40, Round Tables 20, White Chairs 40, 10 Tables Midpoint Trust, Vedi, A.C. for three hours in party, 15 Fans in Room. Rs.2000/- was given as advance money on 01.07.2017.  Rs.1,60,000/- was paid to OP-2 on 23.09.2017.  At the time of marriage both the OPs done deficiency in service and they did not serve, which they committed/promised. Marriage party starts at 8 PM on 24.09.2017, complainant noticed that at 9PM, all the stalls of snacks were empty and OP-1 did not prepared the proper snacks in the marriage party and food stalls were also empty at about 9:30 PM and due to this reason, the guests feel bad and not received proper snacks. At 9:30 PM, there was no coffee or cold drink.  At that time, the complainant requested the OP-2 to start the dinner, but the arrangement of dinner was also incomplete and same was finished at about 10:30 PM.  Many of the guests returned back from the marriage without taking dinner.  At the main table of bride and bridegroom, there was no food and snacks.  All the items were finished prior to time.  OP-1 did not prepared food for 400 persons, but he already received the entire amount from complainant.  OPs only prepared food and other items for 250-300 persons.  Family members of complainant did not take dinner.  When complainant approached OP-1 and asked about mismanagement, then he flew away from the spot.  There was no water or cold drink and no coffee at the time of ‘Fere’.  OP No.2 did not decorate the palace with original flower other promised facilities. The complainant has requested to OPs to return back the extra amount but nothing was done by OPs.  Lastly it is prayed that OPs be directed to return total amount of Rs.3,95,000/- alongwith interest @12% per annum and Rs.50,000/- also claimed as compensation.   
4.     Notice of complaint was issued to OPs but OP-2 has failed to appear and proceeded against ex parte.  The complaint is contested by the OP-1, who filed written reply. In reply, OP-1 raised preliminary objections that this complaint is not maintainable; complainant has no cause of action; complaint is false, frivolous and vexatious. On merits, it is admitted that on 24.09.2017 at night, the complainant solemnized the marriage function of her daughter and complainant has engaged the Ops for same.  The marriage arrangement was settled in Rs.1,85,000/- and moreover, OP-1 received total amount of Rs.1,50,000/- out of which Rs.35,000/- is balance against complainant as gathering were extended to 650 persons at the marriage, but arrangement was settled for 400 persons, due to this OP provided extra food as per settlement list for the marriage 250 persons as 250 persons gathered extra in the marriage upon which more than Rs.1,00,000/- incurred upon the arrangement for 250 persons, this is also Rs.1,00,000/- due against complainant of answering OP.  It is admitted that answering OP will provide/give items to 400 persons. It is denied that on 17.09.2017, OP-1 demanded entire amount and complainant paid Rs.1,85,000/-. Payment of Rs.2000/- and Rs.1,60,000/- to OP-2 on 01.07.2017 by complainant also denied. Other averments of the complainant are empathically denied and prayed for dismissal of complaint with costs.
5. In order to prove the complaint, the complainant has tendered in evidence his affidavit Ex.C-1, wedding invitation Ex.C-2, photos Ex.C-3 and Ex.C-4, CD Ex.C-5, photocopy of estimate/quotation Ex.C-6, photocopy of estimate/quotation as Ex.C-7, photocopy of terms and conditions Ex.CV-8, affidavit of Deep Singh Ex.C-9 and closed the evidence. In rebuttal, the counsel for OP-1 tendered in evidence true copies of documents Ex.OP-1 to Ex.OP-8 alognwith affidavit Ex.OP-9, affidavit of Sukhwinder Singh Ex.OP-10, affidavit of Rajan Sharma Ex.OP-11 and closed the evidence.
6. We have heard learned counsel for the parties and have also examined written arguments of both the parties and the record of the case very carefully.
7. The question for determination before the Forum is that whether this Forum has jurisdiction or not.  From the record, it is transpired that complainant has hired the service of OP-1 who having run his business/work in the District Fatehgarh Sahib.  So this Forum has territorial jurisdiction to decide the dispute of present complaint.
8. There is no dispute of marriage of daughter of complainant and hire services of OPs.  Without touching merits of the case, there cogent evidence, testimonies of witnesses are required. As the proceedings of this Forum are summary in nature.  So, proper adjudication, of the case, it is deemed fit that the parties be approached to Civil Court for redressal of their grievance involved in the present complaint.
9. Keeping in view the fact and circumstances of the complaint, this complaint is disposed of with no order as to costs.
10. Copy of order be sent to the parties free of cost and thereafter the file be consigned to record room

Pronounced: 15.04.2019

                                                                   (Kuljit Singh)

                                                                    President

                                                          (Inderjit)

                                                                   Member