<br /> <br /> <br /> By SRI. R. VIJAYAKUMAR, MEMBER<br /> <br /> The complaint is filed for realization of Rs.31,500/- from the opp.party.<br /> <br /> The averment in the complaint can be briefly summarized as follows:<br /> <br /> The opp.party who is the proprietor of a catering service, orally agreed to supply food for the feast after the marriage of the complainant’s son Binoy Cheriyan Thomas for the price of Rs.90/- per head and the total number agreed was 650. An advance amount of Rs.5,000/- was received by the opp.party. The food supplied was low in quality. Without considering the quality opp.party willfully obtained balance amount as per agreement Rs.58,500/-. The food supplied was only for the price rate of Rs.50/- per head. So the complainant approached the opp.party and demanded refund of Rs.31,000/-. Opp.party refused to do so. Complainant sent a legal notice but it was not replied. Hence the complaint. The opp.party filed version and affidavit contenting, interalia, that the complaint is not maintainable either in law or on facts. Complainant has no right to get any relief. It was admitted that the opp.party supplied food for the feast after marriage of the complainant’s son for the price of Rs.90/- per head and total number agreed was 650. Outward the agreement opp.party was forced to supply food for additional 50 persons who were participated in the marriage function. This situation caused gross difficulties to the opp.party. The quality and quantity of food supplied is also maintained by the opp.party. All items were supplied as per agreement. Opp.party raised a demand for additional amount for additional supply of food.<br /> <br /> <br /> When the legal notice received the opp.party approached the complainant, and complainant told that anticipating a case against him by the opp.party for additional amount he sent the notice and if the opp.party is not thinking so, the Adv. Notice may be ignored. The complainant has no cause of action against the opp.party. Hence opp.party prays to dismiss the complaint with cost and pass an order directing the complainant to pay Rs.4500/- for the food additionally supplied.<br /> <br /> <br /> Based on the contention the points arise for consideration are:<br /> <br /> 1. Whether there is any deficiency in service on the part of opp.party.<br /> 2. Compensation.<br /> <br /> For the complainant PW.1 and 2 are examined. Exts. P1 to P4 are marked.<br /> <br /> <br /> Points 1 and 2<br /> <br /> The opp.parties admitted that the oral agreement was for the supply of food for the price of Rs.90/- and the total number agreed was 650. There is no dispute about the price and number agreed.<br /> The main contention of the complainant is that the food supplied was low in quality and it can be valued only Rs.50/- per head. In cross examination the complainant admitted that he has got knowledge that the food was low in quality by hearsay. He could not eat food or he has not tasted the food because of lack of time. Complainant said that chicken Fry was not supplied. But it was not mentioned in the complaint or in the affidavit. How many persons participated in the marriage is not a matter for discussion. <br /> <br /> For all that has been discussed we are of the view that there is no deficiency in service on the part of opp.party. The complainant could not prove his case.<br /> <br /> In the result the complaint is dismissed. No costs.<br /> <br /> Dated this the 24th day of October, 2008.<br /> <br /> <br /> <br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> <br /> PW.1. – Advocate notice dt. 10.2.2005<br /> P2. – postal receipt<br /> P3. – Acknowledgement card<br /> P4. – cash bill dt. 31.1.2005.<br />