Haryana

Karnal

205/11

Satish Kumar - Complainant(s)

Versus

Multiplex Movie Time Super Mall - Opp.Party(s)

Sh. Joginder Mudgll

23 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                         

                                                          Complaint No. 205 of 2011

                                                          Date of instt.: 11.4.2011

                                                          Date of decision:23.11.2015.

 

Satish Sandhu son of late Sh.Ujjal Singh r/o House no.567, Model Town, Karnal.

                                                                  ……..Complainant.

                   Vs.

 

Multiplex Movies  Time Super Mall, Sector 12, Karnal..

                                                                  …..Opposite Party.

 

                    Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.

                   Smt. Shashi Sharma……….Member.

                   Sh.Anil Sharma………Member.

                  

Present:-       Sh.Joginder Mudgil Advocate for the complainant.

                   Sh.N.K.Zak Advocate for the OP.

ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986, on the allegations that on  2.4.2011,  he purchased three tickets @ Rs.400/- each for watching Live telecast of the Word Cum Final Match between Sri Lanka and India. Later on few more tickets were purchased by him for his friends for watching the Match. He was surprised and shocked to know that he was charged Rs.200/- per ticket instead of Rs.400/- per ticket. Thereafter, he compared the row  for which tickets were purchased earlier and lateron and found  that all the tickets of the same row  i.e.  “F”.  Then he approached the officials of the Multiplex, who instead of returning the difference, misbehaved and abused him and threatened of dire consequences, if he argued for refund of the excess money charged from him. In this way, there was deficiency in services and unfair trade practice on the part of OP, which caused him mental pain, agony and harassment.

 

2.                Notice of the complaint was given to the Opposite Party ( in short OP) who put into appearance and filed written statement disputing the claim of the complainant. Objections have been raised that complaint is not maintainable; that complainant has no locus standi to file the present complaint; that the complainant is estopped by his own acts and conduct from filing thepresent complaint; that this Forum has no jurisdiction to entertain and try the present complaint; that complaint is bad for mis joinder and non joinder of the necessary parties; that the complainant has not approached this Forum with clean hands and that the complaint is false, frivolous  and an abuse of the process of law.

                   On merits, it has been admitted that initially tickets were sold @ Rs.400/- each and lateron the rate was reduced to Rs.200/- each.  It has been submitted that  when the Live  Telecast was going to be started, the minimum tickets for running the live telecast were not sold, so to make good of the loss to the viewers as well as the OP, the rate of ticket was reduced from Rs.400/- to Rs.200/-.   It was a private organized event and the complainant was given offer to purchase the ticket @ Rs.400/- and he accepted that offer and paid price. Therefore, he was not entitled to get refund of any amount.  Other allegations made in the complaint have been denied specifically.

3.                In evidence of the complainant, his affidavit Ex.CW1 and documents Ex.CW2 to Ex.CW6 have been tendered.

4.                In evidence of the OP affidavit of Jagbir Singh   Ex.O1 has been tendered.

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

6.                 The learned counsel for the complainant vehemently argued that OP sold three tickets to the complainant @ Rs.400/- each for watching Live Telecast of the final World Cup between Sri Lanka and India and later on when he purchased tickets for his friends, the same were sold to him  @ Rs.200/- each and all the tickets were of the same row. Such act on the part of the OP amounted to deficiency in services and unfair trade practice.

7.                The argument advanced by the learned counsel for the complainant cannot be accepted being devoid of force.  No rate of ticket was fixed by any authority or  under any law for watching the show of Live Telecast of the Final World cup match between India and Sri Lanka. OP only gave offer to the willing persons to purchase the tickets @ Rs.400/- each and the complainant availed that offer and purchased three tickets. It is admitted by the OP that lateron rate of the ticket was reduced to Rs.200/- and the reason given by the OP for reducing the rate is quite fair  and reasonable that  when Live telecast was going to be started, the minimum tickets  for  running  Live Telecast were not sold, so to make good the loss to the viewers as well as the OP, the rate of the ticket was reduced from Rs.400/- to Rs.200/-  A seller  can certainly reduce the price to sell of his remaining stock and the same is position of the service provider. There was nothing unusual or illegal on the part of the OP in reducing the rate of tickets when minimum tickets for  running the  show could not be sold at the rate of Rs.400/- initially fixed.  It is also worthwhile to add that copies of tickets Ex.CW2 to Ex.CW6  show that OP had mentioned entertainment  Tax of Rs.96.32 on the tickets sold for Rs.400/- and Rs.46.16 on the tickets sold for Rs.200/-. There was no  evasion of entertainment Tax by the OP. In this way, there was no deficiency in service or unfair trade practice on the part of the OP. Therefore, the dispute raised by the complainant does not fall within the ambit of provisions of Consumer Protection Act.

8.                As a sequel to the foregoing reasons, we do not find any merit in the present complaint and as such the same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated:23.11.2015                                                                            

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member

 

 

Present:-       Sh.Joginder Mudgil Advocate for the complainant.

                   Sh.N.K.Zak Advocate for the OP.

 

                   Arguments not ready. Adjournment sought.  For arguments, the case is now fixed for 23.11.2015.

 

Announced
dated:20.11.2015                                                                             

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

  (Smt.Shashi Sharma)    

   Member.                             

 

 

Present:-       Sh.Joginder Mudgil Advocate for the complainant.

                   Sh.N.K.Zak Advocate for the OP.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:23.11.2015                                                                            

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member