Tamil Nadu

North Chennai

CC/69/2016

Mr.Surajmal Lukkad - Complainant(s)

Versus

M/s.Abu Sarovar Portico - Opp.Party(s)

N.Varadha Rajan

15 Feb 2022

ORDER

                                                                  Complaint presented on : 25.04.2016

                                                                    Date of disposal            : 15.02.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.      : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.69/2016

 

DATED THIS TUESDAY THE 15^th DAY OF FEBRUARY 2022

                                

Mr.Surajmal Lukkad,

Residing at Door No.58,

EVK Sampth Road,

Vepery, Chennai – 7.

                                                                                                  .. Complainant.                                                                    ..Vs..

 

M/s.Abu Sarovar Portico,

Rep. by its General Manager,

No.926, Poonamallee High Road,

Chennai – 600 084.

                                                                                          ..  Opposite party.

 

Counsel for the complainant                           : M/s.N.Varadha Rajan and another

Counsel for the  opposite party                     : M/s.M.Shankarnath

 

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to  refund  a sum of Rs.9,01,000/-  paid by the complainant to the opposite party towards marriage hall, food and service  and to pay a sum of Rs.40,545/- towards interest  and to pay a sum of Rs.10,00,000/- towards compensation for deficiency in service to pay a sum of Rs.40,000/- towards cost of this complainant.

1.THE COMPLAINT IN BRIEF:

          The  complainant had booked a marriage hall at the opposite parties hotel on 26.09.2015 by paying advance amount of Rs.50,000/- under receipt No.362 dated 26.09.2015 for celebrating his son Mr.Sourabh’s marriage on 13.12.2015. The opposite parties have allotted the venue at Niligiri, Coorg Hall at their hotel during 9a.m. to 11 p.m and fixed the time for lunch during 9 a.m to 4.p.m and dinner during 7 p.m to 11p.m on 13.12.2015. The opposite party had totally received the sum of Rs.9,01,000/- on various dates for providing the Marriage hall, lunch, dinner and service. The complainant intended to celebrate his son’s marriage in a grand manner at the opposite party hotel he had engaged their hotel for the above purpose under the hotel that they would provide good stuffs with best service. The opposite party had provided the food and services during the midst of lunch session to the guests. But after receiving complaints from the guests who had attended the marriage function, when the complainant had personally inspected various food items served during lunch session, as well as the condition of the  place where lunch was served and the manner of service rendered by the opposite party staff, the complainant was very much shocked to find that almost all the foods items provided by the opposite parties to his guests were kept by the guests with uneaten food stuffs causing huge waste as they were uneatable. Further the condition of the dining hall was also found to be very dirty and plates used by the guests were not removed and cleaned then and there which had lead to the scarcity of the foods plates resulting in inordinate delay in servicing the food to the guests which had caused great displeasure among the guests. During lunch session as well as in dinner session the following deficiencies have been committed by the opposite party even though the services excepted to be provided by them during such rarest occasions like marriage in a best  way as it involves the personal prestige and reputation of the complainant and his family. Food served was not hot, No dustbin clearance, Waiters were not serving food as instructed, No waiters to serve food initially which had forced the complainant’s relatives to serve food to the guests attended the marriage, Washroom and hand wash area was very  dirty, Morning welcome drink was served in paper glass. After some time they served in used paper glasses too. Dry frits which were provided by the complainant along welcome drink were also not served to everyone. In the morning, water bottles got empty very soon. No cleanliness at the place of service of food. Roti quality was raw. Not well cooked. No tan door equipment were available for preparing and serving tandoori roti’s., In the morning session no jain food served as promised earlier, Food quality and taste was not upto the mark as promised earlier during food tasting day, complete mismanagement. The quality of rice served was substandard and worst. The reputation of himself and his family was spoiled due to the opposite  parties aforesaid various acts of deficiency in service and the complainant and his family members were unable to face their friends and relatives who had complained about the quality of food services to them. The opposite party aforesaid various acts amounts to deficiency in service which had caused not only mental agony and torture but had greatly affected his family prestige and reputation and displeasure among the guests attended the marriage. The opposite party is liable to refund the aforesaid sum of Rs.9,01,000/-. Further the opposite party is also liable to pay the compensation amount of Rs.10,00,000/-. The complainant has sent an advocate notice dated 29.12.2015 to the opposite party. Even though the opposite party had received the above advocate notice they neither gave any reply nor complied with the complainants above demand. Instead the opposite party sent an advocate notice 12.01.2016 Rs.1,69,130/-  towards room rents. Hence this complaint.

2.WRITTENVERSION FILED BY THE OPPOSITE PARTY  IN BRIEF:

           The present complaint filed by the complainant is not maintainable as the complaint being false, frivolous, concocted, and baseless, misconceived and has been filed with ulterior motive and mala fide intention by the complainant herein against the opposite party. It is true that the complainant had booked a marriage hall on 26.09.2015 and opposite party had also allotted the venue at Nilgiri, Coorg Hall and opposite party used to furnish the guaranteed pax i.e. Lunch:300 pax @ Rs.700/- nett and Dinner:500 pax @ Rs.800/- net. The complainant had also paid a sum of Rs.50,000/-  on 26.09.2015 by cash. After tasting the food, complainant was happy about the opposite party’s food and then finalized the menu with Exe. Chef. In continuance to this, complainant came on 11.12.2015 and paid further advance amount of Rs.4,00,000/-. On 12.12.2015 complainant requested the opposite party to increase the number of the pax for lunch from 300 pax to 430 pax and dinner 500 pax to 750 pax and complainant paid final payment of Rs.4,51,000/- on 12.12.2015. On 13.12.15 for lunch function 533 came it was more than the guaranteed pax but opposite party had charged only 430  pax and dinner also 750 pax came. They abruptly requested jain food for lunch and the same was duly organized by the opposite party & for dinner the complainant had changed the entire menu as Jain food which is not at all possible in the nick of the time, however, the opposite e party had organized certain items. It is true that opposite party had received a sum of Rs.9,01,000/- on various dates towards the charges for Marriage Hall, Lunch, Dinner and service, as alleged.  It is pertinent to mention at this juncture that it was only the complainant who came to the opposite party’s hotel and tasted the food, and then only the complainant had booked the opposite party hotel for the complainants son marriage function. It was only the complainant who acted in the last moment and requested the opposite party’s management to organize the jain food for the wedding reception, that too duly done by the opposite party to the satisfaction of the complainant. The complainants contention is also erroneous as each and every equipment was available for keeping warm foods nearby the function itself as the opposite party’s management is a renowned one and always maintaining 5 star hotel standards and maintaining good decorum in all perspective, no one can whisper about the aspect of the hygienic  as whispered by the complainant. Apart from this, complainant’s guests have taken 18 rooms @ 4,000/- nett for which Rs.1,69,130/- which is still pending from the complainant’s end. There is no need to pay any amount as claimed by the complainant as the opposite party had not committed any deficiency towards the complainant. There is no deficiency of service by the opposite party herein as alleged by the complainant, it was only the complainant who had availed all sorts of service from the opposite party and had been attempting to decide the opposite party by escaping without settling the pending dues.

3. POINTS FOR CONSIDERATION:    

1. Whether there is deficiency in service  on the part of the opposite party?
2. Whether the opposite party is liable to refund Rs.9,01,000/-  with interest to the complainant
3. Whether the complainant is entitled  for  compensation and cost?

4.  To what other relief, the complainant is entitled?

4. POINT NO :1 TO 3

          The complainant booked a marriage hall at the opposite party hotel on 26.09.2015 by paying  an advance of Rs.50,000/- for celebrating his son marriage to be held on 13.12.2015. The complainant paid the total sum of Rs.9,01,000/- on various dates before 12.12.2015. The opposite party has  agreed to provide  marriage hall, lunch, dinner and service. Ex.A1 to Ex.A3 of the receipt issued by the opposite party for payment of total amount of Rs.9,01,000/-. The opposite party also admitted the receipt of Rs.9,01,000/- on various dates from the complainant towards the charges for marriage hall lunch, dinner and service.

          05. The case of the complainant is that the complainant intended to celebrate his son’s marriage on 13.12.2015 in a grand manner at the opposite party hotel  with a hope that the opposite party would provide good stuffs with best service. But the opposite party provide uneaten and food stuffs and condition of dining hall very dirty food served was not  hot and complete this management and committed deficiency in service and same caused mental agony to the complainant.

          06. The opposite party contended that on 12.12.2015 the complainant requested the opposite party to increase the number of the Pax for lunch for and for dinner, further the complainant requested Jain food for lunch and dinner and same is not possible in the neck of the time, however, the opposite party has organized certain items  The opposite further contended the opposite party provided warm foods and provide management maintaining 5 star hotel standard  and there is no deficiency in service on the part of the opposite party.

          07. The opposite party being the hotel received the entire amount, bound to provide quality food to the guests. But the opposite party not provided adequate service staff and not provided roti, rice items and deserts. The complainant at the time of booking clearly stated about the menu item to be provided for the guests on 12.12.2015.  Ex.A1 contains the menu items, but opposite party not provided warm food for the guests. One of the guests namely Ramesh Bhandri written a letter Shri Sureshhji  on 18.12.2015 stating that the quality of food  and service  are not up to the standard and hotel function brought down the image and prestige among the guest.  Ex.A4 copy of letter dated 18.12.2015.  Another guest namely Ramanlal also written a letter to Suresh Kumarji  dated 28.12.2015  stating that there was shortage service in the hotel,  the plates and trace lacking  un-cleanliness  and there is mismanagement. Ex.A4 also contains the copy of letter dated 28.12.2015. Thereafter the complainant through his  legal advisor on 28.12.2015  issued a letter stating all the reason alleging the deficiency in service on the part of the opposite party and request for refund for the amount. Then on 29.12.2015 the complainant through his advocate issued legal notice to the opposite party. Ex.A5 is the copy of legal notice. The opposite party after receipt of legal notice denied the allegation stated in the legal notice and demanded payment of Rs.1,69,130/- from the complainant. Ex.A7 is the reply notice. Then the complainant on 01.02.2016 issued a rejoinder to the opposite party Ex.A8 is the rejoinder.

          08. The opposite party in Ex.A7 demanded the payment of Rs.1,69,130 towards cost of 18  rooms booked by the complainant. The opposite party except reply notice, not filed any other documents to show that the complainant is liable to pay Rs.1,69,130/-. Further the opposite party demanded said amount after receipt of legal notice issued by the complainant. Further of the complainant liable to pay any charges towards room rent, then the opposite party can take separate legal proceedings for recovery of the amount.

          09. This commission after perusal of the complaint, written version filed by the opposite party and documents filed on the side of the complainant finds that there is deficiency in service on the part of the opposite party because of the following reasons:

Food served was not hot, No dustbin clearance, Waiters were not serving food as instructed, No waiters to serve food initially which had forced the complainant’s relatives to serve food to the guests attended the marriage, Washroom and hand wash area was very  dirty, Morning welcome drink was served in paper glass. After some time they served in used paper glasses too. Dry frits which were provided by the complainant along welcome drink were also not served to everyone. In the morning, water bottles got empty very soon. No cleanliness at the place of service of food. Roti quality was raw. Not well cooked. No tan door equipment were available for preparing and serving tandoori roti’s., In the morning session no jain food served as promised earlier, Food quality and taste was not upto the mark as promised earlier during food tasting day, complete mismanagement. No contra evidence on the side of opposite party to disprove the above deficiency in service.

The opposite party contended that there are maintaining five star hotel standard but in this case that they have not provided food and service as assured at the time booking the hotel. The opposite party being the hotel received the entire payment liable to provide goods service and good food. The opposite party failed their duty and same amount to deficiency in service which would definitely caused  mental agony to the complainant. Hence there is deficiency in service on the part of the opposite party and complainant is entitled for compensation of Rs.50,000 and cost of Rs.5,000/-.

          10. With respect to the claim of refund of the amount, the complainant celebrated the son marriage at the opposite party hotel on 13.12.2015 and used the marriage hall and food supplied by the opposite party. The complainant also avail the service of the opposite party. Hence the question of refund amount does not arise. Therefore, the opposite party liable to refund the amount of Rs.            9,01,000/-

11.POINT NO:4

          In the result the complainant is allowed in part. The opposite party ordered to pay a sum of Rs.50,000/-(Rupees fifty thousand only) towards compensation for mental agony to the complainant besides, a sum of Rs.5,000/-(Rupees five thousand only) towards the cost of this proceedings.      

          The above amount shall be paid to the complainant within 2 months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 15^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 26.09.2015          Booking Advance Receipt issued by the opposite party

 

Ex.A2 dated 11.12.2015          Booking Advance Receipt issued by the opposite party

 

Ex.A3 dated 12.12.2015          Booking Advance Receipt issued by the opposite party

 

Ex.A4 dated 18.12.2015          Complaint letter given by Guests

To 28.12.2015

Ex.A5 dated 29.12.2015          The complainant advocate notice to the opposite party

 

Ex.A6 dated NIL                     Postal Acknowledgement signed by the opposite party

 

Ex.A7 dated 12.01.2016          The opposite party advocate notice to the complainant

 

Ex.A8 dated 01.02.2016          The complainant reply advocate notice to the opposite party postal acknowledgement signed by the opposite party

 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF OPPOSITE PARTY

                                                …….. NIL ……

 

 

MEMBER – I                                                               PRESIDENT