District Consumer Disputes Redressal Commission
NORTH 24 Pgs., BARASAT.
C.C. No. 410/2018
Date of Filing Date of Admission Date of Disposal
05.10.2018 01.10.2018 15.12.2022
Complainant/s :- | SUBHAS HALDER alias SUBHAS CHANDRA HALDER, S/o Late Santosh Halder, residing at 28/1, Udaypur Road, Post Office and Police Station – Nimta, Kolkata – 700049 = VS. = |
O.P/s :- | Mr. Naba Kumar Adhikary, Proprietor of Nice Caterer and Decorators, Residing at 5 No. A. C. Banerjee Road, Ariadaha, near Dakhineswar High School, Police Station – Belgharia, Kolkata – 700057. |
P R E S E N T :- Shri Debasis Mukhopadhyay………..…..President.
:- Smt. Monisha Shaw………………..Member.
:- Shri Abhijit Basu…………………..Member.
JUDGMENT/FINAL ORDER
This is a complaint U/s 12 of the Consumer Protection Act, 1986.
The Complainant stated that the Complainant hired service from the Opposite Party caterer for the wedding ceremony of Complainant’s daughter on 01/03/18. The Complainant had given Rs. 50,000/- as advance out of total estimated amount of Rs. 1,08,000/- (300 plate x Rs. 360/-). The Complainant stated that at the time of providing services the O.P. intensionally with malafide intention did not comply according to his commitments and accordingly committed an offence of deficiency of service and unfair trade practice as a result of which the total arrangement of the wedding ceremony had become a massacre. The O.P. served rotten meat and fish to the guests with a view to unlawful gain. All the guests who attended dinner party had become ill and were compelled to be medically treated. The Complainant become mentally shattered. The O.P. absolutely failed to discharge their service to the Complainant. The Complainant lodged written complaint before Nimta P.S. on 01/05/2018. Hence, the Complainant filed this case for direction to the O.Ps to return the sum of Rs. 50,000/- along with interest and also to pay a sum of Rs. 5 lakhs towards deficiency of service and Rs. 3 lakhs for mental agony and Rs. 20,000/- as cost.
The O.P. contested the case by filing W/V denying the allegations of the Complainant. The O.P. stated that the total estimated cost was Rs. 1,08,000/- out of which Rs. 50,000/- was paid and as and when the O.P. asked the Complainant to make the payment of the rest amount of Rs. 58,000/- then the Complainant had been deferring the matter of payment by taking one after another false pleas. The O.P stated that this complaint was filed with a view to avoiding the payment of rest amount. The O.P stated that the complaint is not at all bonafide and rather the petition is malafide one. Hence, the O.P. prayed for dismissal of the case.
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C.C. No. 410/2018
From the contention of the parties it appears that the points for consideration in this case are whether the case is maintainable and whether the Complainant is entitled to get the reliefs as prayed for.
Ld. Advocate for the Complainant submitted that the Complainant suffered mental agony as the O.P. supplied rotten meat and fish and sub standard quality foods at the wedding ceremony of the daughter of the Complainant. He submitted that it was a case of deficiency of service and unfair trade practice on the part of the O.P. and he prayed for necessary reliefs as per prayers of the complaint.
Ld. Advocate for the O.Ps submitted that there is no proof submitted by the Complainant that the food was sub-standard or the guests were dissatisfied. He submitted that none of the guests invited in the wedding ceremony came to depose in this case regarding the sub-standard quality of food. He also submitted that the Complainant filed this case with malafide intention just to avoid payment of the rest amount of Rs. 58,000/- for the catering services. He prayed for dismissal of the case.
Considering the facts and circumstances of the case and evidence on record and also the submissions it is found that the Complainant just stated that the food quality was sub-standard and the meat and fish were rotten but it appears from record that apart from such statement the Complainant could not produce any evidence that on that particular date the fish and meat were supplied rotten or that the food quality was sub-standard. No guests who were invited on the occasion came forward to depose regarding the quality of food as pointed out by the Ld. Advocate for the O.P. On the other hand, the O.P. stated that the Complainant did not pay the rest amount of Rs. 58,000/- and to avoid payment of such money the Complainant has filed this case just to harass the Opposite Party. It also appears from the complaint that the wedding ceremony was on 01/03/2018 and the Complainant stated to have lodged complaint before police station on 01/05/2018 that is about 02 (two) months after the incident. When the guests invited became ill and were medically treated then it is hardly understandable as to why the complaint had lodged police complaint 02 (two) months afterwards. Therefore the Complainants version becomes suspect and it is found that the Complainant has failed to prove his case that the food quality was sub-standard. Accordingly the Complainant is not entitled to get any relief in this case as the case was not proved to the satisfaction of this Commission.
Hence,
It is Ordered
That the case being No. C.C. 410/2018 be and the same is dismissed on contest against the O.Ps.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and corrected by me.
President
Member Member President
