Order-9.

Date-14/03/2016.

Complainant Sandeep Poddarby filing this complaint has submitted that complainant booked the game parlour for the birthday celebration of his son of op on payment of advance Rs.2,000/- on 04.10.2015 and op acknowledged the same by issuing a receipt of advance amount and for that purpose complainant invited several guests mainly the friends of his son along with their guardians which were nearly 20 in number and complainant reached at op’s parlour on 11.10.2015 but it was found that the parlour was locked and there was no possibility of any access of any parlour by any means whatsoever.

          Being frustrated at this point of time complainant called up the owners of the op who did not even take up the call at that point of time and for which complainant was tremendously harassed and insulted in front of all his guests.  Complainant being helpless with nearly twenty guests mostly of kids with him was unable to arrange for any alternative parlour for enjoying the play.  Even some kids passed their untoward remarks and for their disappointment and their guardians also experienced their bitter feelings towards the complainant and his wife.

          The above incident has created mental pain, agony and harassment only for the negligent and deficient manner of service on the part of the op for which complainant prayed for compensation and also for refund of the said advance amount including litigation cost by filing this complaint.

          On the other hand op by filing written statement submitted that no doubt op received Rs. 2,000/- as advance for that game in op’s parlour.  But op has made some false allegations.  But fact remains that complainant simply deposited an advance amount of Rs.2,000/- on 04.10.2015 for booking two plots of games on 11.10.2015 from 11.30 AM to 12.30 PM.  But op had no idea about the purpose of the said booking.

          But it is specifically mentioned that op’s game parlour was open on 11.10.2015 from 11.30am and onwards and the op in fact made booking and billings of other customers on the very date at the parlour.  But complainant has suppressed the timing at which he reached the op’s game parlour on 11.10.2015.  But complainant made a complaint to ShaskespeareSarani P.S. stating that he had reached at op’s parlour at 11 am where it is specifically mentioned in the advance receipt the game booking was from 11.30 am to 12.30 pm. and as because op’s game parlour was open everyday in between 11.00 am to 11.30am and on 16.10.2015 the game parlour was open at 11.15 am.

          But complainant never called up for which they have failed to note the exact time and no such complaint was ever made before the op.  Op has further submitted that if complainant would have approached before the op for refund of the money, in that case op shall have to refund the amount but without adopting such process for harassing complainant filed this complaint for grabbing much money.

Decision with reasons

          On careful consideration of the complaint and written version and also considering the admission of the op, it is clear that complainant paid Rs.2,000/- as advance amount on 04.10.2015 for enjoying a game for the period in between 11.30am to 12.30pm of two games and that Rs. 2,000/- was paid as advance and balance Rs. 3,000/- shall be paid after enjoying the games and that is admitted by the op.

          Complainant’s allegation is that he along with his son and son’s friend and their gurdians reached at the op’s parlour on 11.10.2015 at 11.00 am but waiting for one hour and more complainant found that the said parlour is closed.  So, ultimately with heavy heart complainant along with his son and son’s friends and their guardians returned back and in fact the purpose for enjoying the game was for his son’s birthday and for which complainant no doubt suffered mental pain and agony and his prestige was no doubt hampered.  But question is whether from 11.00am to 12.30 pm the shop was open or not.

In this regard op submitted that this parlour as opens at 11.00 am and it is kept open for long hours up to the evening hours and to prove opening of the said shoproom, he has submitted the down loaded sales register wherefrom it is found that no doubt on that very date the shop room was opened at about 13.24.00 hour and it was closed at about 17.54.00 hours.

Considering that report as submitted by the op, it is clear that the shop was not kept open from 11.00 am to 12.30 pm.  If it would be kept open in that case complainant had his scope to enjoy two games and it shall be recorded in the said bill statement or statement of use of said parlour by different persons.  So, from the op’s own receipt it is clear that the shop was opened after 1.00 pm. not it was kept open from 11.00 am. To 12.30 pm. on 11.10.2015.

Considering the material document of the op, we are confirmed that complainant has rightly ventilated his grievance before this Forum about the non-opening of the parlour for which complainant along with his son and son’s friends and their guardians failed to enjoy the game.  Though in the advance receipt op noted in writing the game shall be enjoyed from 11.30 am. To 12.30 pm.  But during that period no entry is there, first entry as recorded for game is found from 13.24 pm.  So, invariably the shop was opened after 12.45 p.m. on that date but falsely op stated that it was open from 11.00 am.

For the sake of the argument if it is accepted that op’s oral version is truth that shop was kept open at 11.00 a.m. in that case there was no grievance on the part of the complainant and complainant and his party would enjoy the game.  But actually it was closed up to 12.45 p.m. so complainant failed to enjoy the game with his son and son’s friends and their guardians and no doubt complainant paid Rs.2,000/- in advance which is undisputed.  Time was fixed by the op from 11.30 a.m. to 12.30 p.m.  When that is the fact then negligence and deficiency on the part of the op is well proved and no doubt for such sort of act on the part of the op, complainant suffered mental paid and agony and his prestige was no doubt saddled for the negligent manner of service on the part of the op.

Fact remains that op has stated that they are willing to refund it.  But that is another matter, but in this case op took a plea that the shop was kept open from 11.00 am. Which is proved false from his own document.  Then it was the duty of the op to submit before this Forum on the very date of appearance that they are willing to refund the advance amount by stating some reasons why the shop was kept closed up to 12.45 p.m.  So, by adopting an unfair practice, op has taken such a false plea to dislodge the complaint of the complainant.

Relying upon the above discussion and materials we are confirmed that the shop was kept closed up to 12.45 hours and it was not opened at 11.30 am on 11.10.2015 and in fact complainant and his son or sons’ friend and their associates waited for one hour and contacted with the owner but no response was received and owner never appeared and if the shop would be kept open, in that case there was no scope on the part of the complainant to file such a complaint and reasonable person cannot believe that on his son’s birthday they did not appear to enjoy the game at parlour and shall not have to attend the same when he already paid Rs.2,000/-.

In the light of the above observation and findings we are inclined to hold that complainanthas been able to prove the negligent and deficient manner of service on the part of the service provider op even after receipt of advance amount of Rs. 2,000/- and in fact for such sort of act, complainant has been harassed mental pain and agony and he has also lost social prestige for such sort of deceitful manner of trade on the part of the op.

In the result, this complaint succeeds.

Hence, it is

ORDERED

That the complaint be and the same is allowed on contest with cost of Rs. 2,000/-.

Op is hereby directed to refund the advance booking amount of Rs.2,000/- to the complainant and also shall have to pay compensation of Rs.3,000/- for causing mental pain and agony and also for sufferingsof the guests on the very date and also after adopting such unfair trade practice and for submitting some false statement in the written version about opening of the shop room.

Op is hereby directed to clear up the entire decretal dues that is litigation cost of Rs.2,000 + Rs. 2,000/- refund of advance amount + Rs.3,000/- as compensation i.e. total Rs.7,000/- within one month from the date of this order to the complainant, failing which for non-compliance of the Forum’s order and also for further harassing the complainant, op shall have to pay penal damages  at the rate of Rs.1,000/- per month till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

Even if it is found that op is reluctant to comply the order, in that case penal action shall be started against op u/s 25 read with Section-27 of C.P. Act, 1986 for which further penalty should be imposed upon the op.