Order No.  17  dt.  14/03/2017

          The case of the complainant in brief is that the complainant no. 1 decided to host a lunch cum cocktail party for his dealers for which the complainant no. 2 contacted the o.p. It was decided that each plate would cost Rs. 900/- + taxes per person and it was decided that the o.p. hotel would provide banquet hall facility and the complainant no. 1 would have to guarantee consumption of minimum 180 plates. The offer made by the representative of o.p. 1, the complainant had the conception that the proper quality of the food would be served. The complainant paid an advance of Rs. 1,10,000/-. On the schedule date of the party, i.e. 16/02/2014 a total of 200 guests attended the party. The guests were served with poor quality of food. The complainant no. 1 through its Directors raise the issue regarding the poor quality of food served at the function and the said fact was brought to the notice of the o.p. for which there was a verbal altercation which culminated into a free fight between parties for which the complainant had to lodge an F.I.R. at the North Port police station. A case was started under section 341, 323 and 114 I.P.C. With the intervention of police officers the stuff, guests opf the complainant no. 1 were released.

          The complainant no. 1 on 20/02/2014 received a bill from the o.p. for a total sum of Rs. 3,71,798/- and a tax invoice showing the bill raised for 292 under the column quantity and also a liquor bill. The complainant stated that the purported bill / invoice dt. 17/02/2014 that the signature said to have been endorsed thereon purportedly as a token of acknowledgement, has been overwritten and was scribbled upon. In the liquor bill the o.p. has represented that 25 bottles of whisky. 7 bottles of vodka and 54 bottles of beer had been consumed, in reality the number of bottles consumed 21, 7 and 3 respectively. Therefore the bill / invoice was completely inaccurate, inflated and exaggerated.

          Because of such illegal activities on the part of the o.p. the complainants have suffered loss of reputation and goodwill and also faced humiliation for which the complainant demanded a sum of Rs. 2,00,000/- as monetary compensation for which the complainant filed this case prayed for litigation cost of Rs. 20,000/- and for other reliefs.

The o.p. contested the case by filing the w/v denying all the material allegations of the complaint. It was stated that Floatel hotel situated at 9/10, Kolkata Jetty, Kolkata – 700017, the said hotel is the first of its kind not only in India but also in South Asia. The said hotel serves not only at a multi-cuisine restaurant but also caters to gatherings for delegates both for social and professionals and corporate occasions. The complainant’s representative sought for banquet booking for cocktail lunch facilities in the said hotel. The complainant, though booked for 180 guests but the complainant was expecting 200 guests to turn up at the said cocktail lunch. The complainant’s representative satisfied with the rate and quality of service, entered into a contract and paid an advance of Rs. 1,10,000/-. On the date of the occasion on 16/02/2014 the complainant had expected a turnover of 200 guests but actually 290 guests turned up and all the guests were provided with food and liquor by the o.p./hotel it was further stated by the o.p. that some of the guests of the complainant were so much inebriated condition that they started physically assaulting and abusing the service staff of the o.p. The trouble triggered as soon as the buffet lunch was opened. Entire thing was recorded in C.C.T.V. of the o.p. installed in the hotel. After completion of the programme the complainant raised the bill amounting to the tune of Rs. 4,81,798/- less advance of Rs. 1,10,000/- totalling a sum of Rs. 3,71,798/- and the representative of the company duly confirmed, signed and acknowledged by him. Subsequently, whenever the complainant found that the amount has been claimed by the o.p., the complainant sent a lawyer’s notice making false allegation against the o.p. The advocate of the o.p. replied the said letter. It is stated by the o.p. that the winding up application on 05/06/2014 being C.P. no. 529 of 2014 (Cookme Spice Pvt. Ltd. and Manor Floated Ltd.) pending adjudication before the Hon’ble High Court at Calcutta and filed this case subsequently.

In view of the facts and circumstances above, the o.p. stated that in order to counter the claim of the o.p. the complainant filed this case on the basis of manufactured incident and as such the o.p. prayed for the dismissal of the case.

On the basis of the pleadings of the respective parties following points are to be decided :-

1. Whether the complainant entered into contact with the o.p. for hosting a party in the said hotel.
2. Whether the bill claimed by the o.p. was paid by the complainant.
3. Is there any case pending before the Hon’ble Court between the parties in this case.
4. Whether there was any deficiency in service on the part of the o.p.
5. Whether the complainant is entitled to get relief as prayed for.

Decisions with reasons :-

The Ld. Lawyer for the complainant argued that in order to host a party the complainant through its representative made contact with the o.p. It was decided that the o.p. will afford the banquet hall on the date of 16/02/2014. It was decided that one of the packages offered to the complainant which included a variety of starters and an elaborate main course spread was said to cost Rs. 9,000/- + taxes per person. The complainant assured the o.p. that 200 invitees would be attending the said programme. On the date of the said programme while the guests arrived it was found that the quality of the food was not up to the mark. The Directors of the company felt humiliation because of the standard of the food provided to the guests. While the protest was made by the employees of the company they were assaulted for which the representative of the company lodged an F.I.R. and a police case was started under section 341, 323 and 114 I.P.C. The complainant on a sudden received a bill from the o.p. claiming huge amount showing the number of plates served in the said party and the liquor provided to the guests also accepted by the representative of the company. But actually no such signature was made by the representative of the company. The claim made by the o.p. was based on inflated billing for which the complainant sent a lawyer’s letter. It was also emphasized by the complainant that the deficiency in service made by the o.p. should be compensated to the complainant by awarding cost of Rs. 2,00,000/- upon the o.p. and also prayed for litigation cost of Rs. 20,000/-.

The Ld. Lawyer for the o.p. argued that the o.p. hotel is the first of its kind not only in India but also in South Asia. The said hotel serves not only at a multi-cuisine restaurant but also caters to gatherings for delegates both for social and professionals and corporate occasions. It was emphasized by the Ld. Lawyer for the o.p. that the alleged incident was recorded in C. C. TV footage installed in the hotel. It is beyond imagination that the hotel staff will overpower the guests who attended the said programme. On the contrary some of the guests in inebirated condition created trouble in the hotel. So far as the overbilling is concerned the o.p. denied the same and the service provided to the guests was accepted by the representative of the complainant / company. The o.p. demanded the balance amount of Rs. 3,71,798/- and on failure to pay the same amount a winding proceeding was started at Hon’ble High Court at Calcutta, the complainant filed this case. Considering the facts and circumstances of the case the o.p. prayed for dismissal of the same.

Having regard to the submission of the respective parties it is an admitted fact that the complainant booked the hotel of the o.p. for hosting a lunch party there. The complainant before making arrangement for hosting the party had the discussion with the representative of the o.p. It was decided that each plate would cost Rs. 900/- + taxes per person and it was decided that the o.p. hotel would provide banquet hall facility and the complainant no. 1 would have to guarantee consumption of minimum 180 plates. The representative of the complainant / company gave an indication that the no. of guests may be increased to 200 but actually the guests arrived on that date was 292. They were provided with the food and they also consumed liquor. Naturally, after completion of the programme the bill was sent to the complainant to the tune of Rs. 4,81,798/- less advance of Rs. 1,10,000/- totaling a sum of Rs. 3,71,798/-. The bills raised by the o.p. was based on the signature provided on the document by the representative of complainant / company. Though the complainant claimed that the hotel staff assaulted the guest but it is beyond imagination that such action may be taken on the part of the hotel, apart from the said fact the entire incident was recorded in the C. C. TV installed in the hotel. The complainant lodged a criminal case against the o.p. and the Criminal Court will look into the allegation made by the complainant. This Forum is not concerned with the said incident. It is found from the materials on record that this case was filed while a winding proceeding was started at Hon’ble High Court at Calcutta. In order to counter the said case this case was filed with manufactured incident so that the balance amount of the bill is not paid to the o.p. In view of the facts and circumstances of the case we hold that this Forum cannot be misused by making wild allegations of fraud allegedly committed by the o.p. Accordingly we hold that the complainant will not be entitled to get the relief as prayed for.

Hence, ordered,

          that the CC/364 of 2014 is dismissed on contest without cost.

          Supply certified copy to the parties free of costs.