Delhi

West Delhi

CC/16/189

Ramesh Kumar - Complainant(s)

Versus

New Shiv Band - Opp.Party(s)

18 Mar 2017

ORDER

    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                        Date of institution: 08.03.2016

Complaint Case. No.189/16                                                          Date of order:18.03.2017

IN  MATTER OF

Ramesh Kumar, R/o. H.No.109H, W.No.2, Mehrauli, New Delhi-30.           Complainant

 

VERSUS

New Shiv Band owned by : Shyam, Opp. Central School, Vikas Puri, Hastsal, Uttam Nagar, New Delhi-110059.                                                                                              Opposite party   

ORDER

 

R.S. BAGRI,PRESIDENT

Briefly case of Shri Ramesh Kumar – complainant named above is that marriage of his son Shri Rahul was fixed for 22.02.16. Therefore, the complainant on 03.01.16 contacted Shri Shyam at New Shiv Band - opposite party and engaged the opposite party for 22.02.16 for sum of Rs.40,000/- on payment of Rs.10,000/- as advance for providing band, light and boggy services. The complainant on 21.02.16 contacted the opposite party and reminded of the booking. The opposite party promised to provide the services as promised. But on 22.02.16 the opposite party telephonically told the complainant that he is unable to provide the services. The complainant lodged protest. Their upon the opposite party again promised to provide the services. But later on the opposite party stopped picking up telephone calls and failed to provide the services. Therefore, the complainant had to spent Rs.75,100/-  for service of band, light and boggy etc. in the marriage of his son. The complainant also suffered mental pain and agony. He was also humiliated in brotherhood. Hence, the present complaint for directions to the opposite party to refund Rs.10,000/- of advance, Rs.75,100/- expenses born on the services of band, light and boggy etc. and Rs.1,00,000/- compensation on account of unfair trade practice, deficiency in service on the part of the opposite party, mental and  physical agony suffered by him and loss of reputation in brotherhood.

Notice of the complaint was given to the opposite party. But despite service none put in appearance on behalf of the opposite party. Therefore, the opposite party was proceeded exparte vide order dated 16.05.16. When the complainant was asked to lead exparte evidence, he filed affidavit narrating  facts of the complaint and relied upon bill no.1421 dated 03.01.16.

We have heard the complainant and have gone through material available on record.

The version of the complainant, or oral and documentary evidence lead by him have remained un-rebutted and unchallenged. Therefore, there is no reason to disbelieve un-rebutted and unchallenged version and evidence of the complainant. From the perusal of bill dated 03.01.16, it reveals that the complainant booked band of the opposite party with light and boggy services for sum of Rs.40,000/- on payment of Rs.10,000/- for marriage of his son to be solemnized on 22..02.16. But except affidavit of the complainant, there is nothing on record to prove that complainant spent Rs.75,100/- for engaging band, light and boggy etc. in marriage of his son on 22.02.16. However, it is clear that the opposite party did not provide service as promised. Hence, there is unfair trade practice and deficiency in service on the party of the opposite party Therefore, the complainant had to avail services of band, light and boggy from third party. He suffered mental agony and loss of reputation in brother hood. Hence, the complainant is entitled for refund of advance of Rs.10,000/- and compensation for unfair trade practice and deficiency in service on the part of the opposite party and loss of reputation in brotherhood, mental and physical agony suffered by him.

Therefore, we direct the opposite party to refund Rs.10,000/- of the complainant received as advance with interest @9% per annum from the date of filing the complainant till actual realization of the amount and pay a sum of Rs.50,000/- as compensation for unfair trade practice and deficiency in service on the part of the opposite party and loss of reputation as well as mental and physical agony.

Order pronounced on :18.03.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

                  

 

(PUNEET LAMBA)                                      (URMILA GUPTA)                                      ( R.S.  BAGRI )

     MEMBER                                                      MEMBER                                                   PRESIDENT