DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.118/2014

Sh. Nand Lal Digani

S/o Late Sh. D. R. Digani

R/o House No.1016, Ward No.7                                 ….Complainant

Versus

1.      M/s The Occean Pearl Hotel Pvt. Ltd.

          Through its Managing Director/Director/Proprietor/

Owner/Manager

          Chhatarpur Mandir Road, Satbari Next to IIPM

          New Delhi-110074

2.      Sh. Raj Kumar

          Manager Banquet Sales

          M/s The Ocean Pearl Hotel Pvt. Ltd.

          Chhatarpur Mandir Road, Satbari Next to IIPM

          New Delhi-110074                                    ….Opposite Parties

                                                  Date of Institution      : 23.03.14      Date of Order                 : 24.01.19

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

Naina Bakshi, Member

ORDER

Briefly stated, the case of the complainant is that complainant’s daughter, namely, Smita Digani was settled to be solemnized on 12.12.13. The complainant met the OPs in the month of June, 2013 and booked the OP No.1’s hotel for the marriage party for 12.12.13. The dinner /feast of 800 persons was fixed at the rate of Rs.1,225/- per head including VAT & other things which was to be provided by the OPs. On 29.06.13 the OPs had taken the advance amount of Rs.1,00,000/- through the OP No.2 through the OP No.2 i.e. the Manager Banquet Sales of OP No.1 and in the presence of Mr. Malhotra, Manager of OP No.1 Hotel and issued a receipt No.307 dated 29.06.13 in the name of the complainant. It is submitted that the OPs obtained the following amount from the complainant in fraudulent and dishonest manner:

It is submitted that the OPs were bound to refund the excess amount to the complainant but at the time of solemnization of the marriage the OP demanded another amount of Rs.5,92,800/- from the complainant in the evening. Due to fear and apprehension of their reputation and image amongst the relatives and society, the complainant deposited further amount of Rs.5,92,800/-. The complainant was to pay the total amount of Rs.9,10,000/- (for 800 persons) plus Rs.1,00,000 = Rs.10,10,000/- (including VAT and other all things) to the maximum extent but the OPs fraudulently and dishonestly with malafide intention extorted the extra amount of Rs.5,92,800/- from the complainant. The complainant  alongwith his family members and relative personally met the OPs for demanding the receipt of the amount paid and requested to refund the excess/extra amount of Rs.5,92,800/- to the complainant but the OPs flatly refused to refund the said amount and gave receipt of the said amount. On the contrary, the OPs demanded another more amount of Rs.5,00,000/- from the complainant  by showing false, fabricated, baseless and bogus different-different heads only to extort money illegally and unlawfully.  It is submitted that the OPs further through their henchmen, musclemen and gundas were continuously threatening the complainant verbally as well as telephonically to the complainant and his family members to deposit the illegal and unlawful demands. The OPs had not only extorted excess/extra amount of Rs.5,92,800/- without receipt but also spoiled reputation and image of the complainant  before the relatives, nearest and dearest, well-wisher and other respectable persons of society which is not accepted and bearable in any manner.  The OPs also caused mental agony, tension and harassment and caused loss to the reputation of the complainant.  The complainant sent a legal notice on 16.01.14 through registered post on 18.01.14. The legal notice was duly received by the OPs but the OPs neither have refunded the excess amount with interest nor have OPs sent any reply to the same.  Hence, pleading deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the present complaint for the following reliefs:-

1. Direct the OPs to refund the excess/extra amount of Rs.5,92,800/- alongwith interest @ 18% per annum from the date of receiving the same to the complainant
2. Direct the OP to pay to the complainant the damages and compensation of Rs.4,00,000/- for causing acute mental tension, unnecessary harassment to the complainant  by OPs due to their deliberate short, deficient services, and unfair trade practice and from depriving the complainant  to own her own house to the complainant  jointly or severally.  

OPs in their written statement have stated that the complainant visited the office of the OPs on 29.06.13 for the marriage of his daughter which was to be solemnized on 12.12.13.  and after due satisfaction with regard to rates and figures, the complainant agreed and deposited a sum of Rs.1 lakh and receipt of the same was given to the complainant being receipt No.307 which was duly admitted by the complainant. The booking was made for minimum of 800 persons which was duly settled at the rate of Rs.1,225/- inclusive of all taxes. It is submitted that the entire marriage function as proposed was conducted to the best satisfaction of the complainant and the complainant was indeed very happy and satisfied with the arrangements made by the OPs. As per mutual agreed terms which were duly admitted by the complainant on 29.06.13 entire amount was to be deposited before the function could begin.  As per the above said agreed terms and as a normal practice the General Manager of the OP requested the complainant to deposit the entire minimum guaranteed amount so that the function could proceed as per the schedule.  At that point of time, the complainant alongwith his relatives requested the OPs’ General Manager Mr. Malhotra that he can only deposit a sum of Rs.1,57,000/- with the OPs and further assured them that entire outstanding amount will be cleared before the dinner could commence as he will be getting the money from his house and further promised  that the entire outstanding amount will be cleared before the entire marriage ceremony get solemnized.  The receipt of the same amount was given bearing receipt No.1443 dated 12.12.13 to the complainant. On believing the complainant’s verbal promises and assurances, the OPs’ General Manager Mr. Malhotra allowed the wedding ceremony as per their schedules and requirements which were agreed on 29.06.13. As per the original order which was booked on 29.06.13 the dinner of minimum 800 plates was made available which was duly acknowledged by the complainant before the diner could commence. The complainant was satisfied and contended with the arrangements and out of his satisfaction gave Rs.5,000/- as tip to the Banquet Manager. At around 10.30 p.m. in the night of 12.12.13 when the dinner was thrown open for the guests, the complainant requested the Banquet Manager to arrange for another 500 plates. The request of the complainant was duly communicated to the General Manager, who out rightly resisted and refused to arrange the same  as the original principal amount was pending which was promised by the complainant to be paid. The complainant further assured and promised and requested to the extent that wedding of his daughter would get spoil and his reputation will be at stake if in case the additional plates for extra guests are not made available. The complainant at this point of time gave a cash of Rs.1,57,000/- which was collected from other relatives and further promised that his relative was getting the entire cash and he  will clear the entire outstanding dues as earlier as possible. Believing the promises and assurances made by the complainant the General Manager of OPs acceded to his request keeping in mind he being the father of a bride and also his reputation and additional 500 plates were provided which were duly acknowledged.  It is submitted that approx. a gathering of 1500 guest was recorded which could easily made out from the CCTV footage  and video-recoding being made at the marriage ceremony being organized by the complainant. It is not disputed that the entire ceremony was concluded in a very satisfactory manner by the complainant. The same facts can be ascertained by the remarks being put by the complainant  on the acknowledgement slips.  During the course of wedding ceremony after the dinner was over OP’s General Manager Mr. Malhotra approached the complainant and requested him that the total outstanding amount of Rs.16,84,375/- needs to be paid. Again the complainant requested for sometimes and assured Mr. Malhotra that he will clear the entire outstanding amount within time and he also assured that the OPs need not worry as the entire money is available with them. The complainant requested sometime so that his daughter could be sent off (Vidai).  Around 4.00 am early in the morning of 13.12.13 when the entire function was over and all the guests present in the ceremony were seen off, the OPs General Manager Mr. Malhotra requested the complainant to clear the bill to which the complainant started pleading with his folded hands that he does not have money with him and promised that he stays very nearby in Mehrauli and he will come in the morning and clear the entire outstanding bills.  After lots of persuasions and requests being made by the complainant finally Mr. Malhotra agreed and the complainant finally left the Banquet with verbal promises and assurances that he will be coming as early as possible to clear the outstanding dues as he is a man of great reputation and does not wish to keep any money which is due towards his daughter weddings. It is submitted that believing the verbal commitments and promises made by the complainant Mr. Malhotra waited the whole day and called outstanding dues for which complainant  replied that he was busy for certain rituals in his house and once he is free from them he will come and directly pay the entire amount. Taking note the attitude of the complainant Mr. Malhotra decided to visit the residence of the complainant alongwith the Banquet Manager, reaching complainant’s house, Mr. Malhotra was shocked to hear when he was informed that complainant was sleeping and he is not in a position to meet anyone. Hence, OPs repeatedly tried calling the complainant over his mobile phone which remained unanswered.  It is stated that time and again OPs tried to contact the complainant to pay the entire outstanding amount on numerous occasions to which complainant evaded every time.  The OP’s representative visited the residence of the complainant on several times and on each occasion complainant refused to meet the official staff of OPs. It is further stated that till date a total sum of Rs.16,84,375/- remains outstanding against the complainant. The complainant failed to prove, as to how a sum of Rs.16,02,800/- was paid. On the contrary out of the total billed amount of Rs.16,84,375/- and Rs.2,57,000/- was paid and a balance of Rs.16,84,375/-  remains outstanding. It is submitted that the  complaint is liable to be rejected and heavy fine be imposed on him for filing a false and frivolous complaint against OPs and causing disrepute and damage to the reputation of the OPs which is known for its commitment to serve the public.

Complainant has filed a rejoinder to the written statement of the OP and stated that the booking was made for Rs.1,225/- per head for dinner of marriage party including all taxes etc., but the OPs fixed their own criteria for a minimum booking of 800 persons for the purpose of taking dinner for marriage party but in actually the complainant taking about less than 800 for marriage party near about 600 to 650 persons. The OPs clearly stated that they do not book the marriage party dinner less than 800 persons including of all taxes. It is denied that there was any kindly of satisfaction or arrangement made for services to the marriage party persons but on the contrary the complainant had to feel shame and insulted before the relative and near and dear friends for seeking the poor and substandard arrangement of the OPs. At the time of marriage the OPs told to the complainant to give Rs.5,000/- as a tip to the Manager which is mandatory to the Manager of service rather it can be said they snatched Rs.5,000/- from the complainant under compulsion dishonestly. There are so many eye witnesses for the solemnization of the marriage party who can give evidence before the Court how the OPs have behaved at the time of marriage ceremony. It is further stated that how the OPs are daring and shamefully saying that we have also arranged for additional 500 plates provided at the time of marriage ceremony. It is submitted that the OPs have to give concrete evidence in this regard and to show footage of the CCTV and video recordings. How the service for dinner plate provided for more than 1500 guests by the OPs instead of 650 as booked for 800 persons which were predetermined. It is submitted that without depositing the full remaining amount the OPs had not started to serve the dinner and Mr. Malhotra compelled the complainant to deposit the remaining amount to start the dinner and also complainant  deposited the extra amount for extra plates in compulsion as for flower and decoration which is clearly illegal and refundable to the complainant by the OPs.

Complainant has filed his own affidavit in evidence. On the other hand affidavit of Sh. Brahmvar Rajnath Pai, AR has been filed in evidence on behalf of the OPs.

Written arguments have been filed on behalf of the parties.

We have heard the arguments of the complainant. No one appeared on behalf of the OPs to advance oral arguments despite opportunity given in this regard. 

We have also gone through the file very carefully.

The complainant has filed the Kachhi copy dated 29.06.13 regarding the discussion held between the parties as Annexure C-1. Legal notice dated 16.01.14 was issued to the OP as Annexure C-2.  The complainant has filed the hand written calculation made by OP as Ex. C-4 (Colly).  The OP has filed banquet bill dated 12.12.13 as Annexure A-2 (Colly) including two receipts issued to the complainant.

Admittedly, the marriage of the complainant’s daughter, namely, Smita Digani was solemnized on 12.12.13. For this purpose, the complainant booked the OP No.1’s hotel for the marriage party on 12.12.13. The dinner /feast of 800 persons was fixed at the rate of Rs.1225/- per head including VAT and taxes etc.

It is clear from the documents submitted by the parties that the OP had issued two receipts only to the complainant  for an amount of Rs. 1,00,000/- and Rs.1,57,000/-. The banquet bill prepared by the OPs dated 12.12.13 it is shown that an advance of Rs.2,57,000/- received from the complainant.  As per Ex. C-4 (Collly) various hand written calculation of OPs it shows that an amount of Rs.5,92,800/- balance was paid on 12.12.13 at night.  Both the parties have not filed any documentary proof whether complainant  paid the payment to the OPs or OPs had requested the complainant to make the payment.

It is strange that without the payment of Rs.16,84,375/- to the OPs how the OPs allowed the function to be carry on and the OPs have not stated that they had filed any litigation before any authority in this regard which goes a long to prove that the complainant   had not made the payment to the OP but it is clear from the hand written calculation that the complainant  had made full amount to the OPs including additional charges of Rs.5,92,800/-. The OPs have not filed any documentary proof that on the date of marriage i.e. 12.12.13 more than 1500 guests had attended the marriage party of the complainant’s daughter. Therefore, charging extra amount from the complainant amounts to deficiency in service and unfair trade practice on the part of the OP.

In view of the above, we partly allow the complaint and direct the OPs to pay Rs.5,00,000/- (Rs. Five lakhs) in lumpsum to the complainant for charging extra amount and causing mental agony and harassment to the complainant . 

The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs. 6% per annum on the amount of Rs.5,00,000/- from the date of filing of the complaint till its realization.

          Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 24.01.19.