DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 18^th day of January 2020

Present: Sri.V.P.Anantha Narayanan, Member(President I/c)  

               : Smt.Vidya.A, Member                                                       Date of Filing: 13/05/2019

CC No.156/2019

Venkitaramanan.G,

S/o.Gopalakrishnan,

Devisoudham,                                                                         -           Complainant

Manappadam(PO),

Palakkad - 678 687.

(By Party in Person only)

V/s

C.V.M(Thangam) Theatre,

Vadakkancherry,                                                                     -           Opposite party

Palakkad – 678 683.

(By Party in Person only)

O R D E R

By Smt.Vidya.A, Member

Brief facts of the complaint  

            The complainant booked three tickets by using ‘Book My Show’ website to watch the Malayalam movie ‘Oru Yamandan Premakatha’ for the evening 6.30 show on May 4^th 2019.  He received a booking ID through SMS and an amount of Rs.373/- was charged for these tickets.  He got message that seat numbers A19, A20 and A21 were allotted to him for watching the show.   He along with two of his family members reached the theatre on that day at 6.15 pm itself and collected tickets from the counter.  But the opposite party gave him tickets without seat number as he had already sold the pre-booked tickets of the complainant to some other persons.  The opposite party did not provide him the pre-booked seats and because of that the complainant along with his family members had to leave the theatre without watching the movie.  The complainant was not able to watch the movie because of the deficiency of service on the part of the opposite party.

            On the very same day, he lodged a complaint before Vadakkanchery Police Station.  The opposite party was called for compromise talk, but all in vein.  The opposite party rejected the complainant’s claim to refund the money.  Hence this complaint was filed for getting an order directing the opposite party to refund the ticket amount and to pay compensation of Rs.2,000/- for the inconvenience caused to the complainant and an amount of Rs.2,000/- as compensation for mental agony and cost of litigation.

Complaint admitted and notice issued to the opposite party.  The notice was served to the opposite party and on the date of appearance, the opposite party was represented.  But after that no vakalath or version filed by opposite party and there was no representation.  Hence the opposite party’s name was called; absent and set ex-parte.

From the side of the complainant, chief affidavit filed.  Ext.A1 series and A2 were marked.

The following issues arise for consideration are.

1. Is there any deficiency of service on the part of the opposite party?
2. If so, what is the relief as to cost/Compensation?

Issues 1&2

Heard.

From Ext.A1 series ie. the 3 original tickets produced from the side of the complainant and Ext.A2, it is clear that the complainant had booked 3 tickets through Book My Show website to watch the Malayalam movie ’Oru Yamandan Premakatha’ for the evening 6.30 show on May 4^th at the opposite party’s theatre.  He was allotted the seats Royal CIR A19, A20 & A21 is also clear from Ext.A2.

As per the complainant, he was charged with an amount of Rs.373/- for booking the tickets.  From Ext.A1 series, it can be seen that each ticket cost Rs.100/- and regarding the service charge of ‘Book My Show’ no evidence adduced by the complainant.  But it can be assumed that Rs.73/- was paid as booking charge. As per the complaint, the complainant could not watch the movie because his pre-booked tickets were sold to somebody else by the opposite party.  So he had to leave the theatre along with family members without watching the movie.  Because of these acts of opposite party, he suffered mental agony.

As the opposite party remained ex-parte, the evidence tendered by the complainant stands unchallenged.  So it is clear from the contentions in the complaint that there is a deficiency of service on the part of the opposite party in not providing the pre-booked seats to the complaint and his family members.

In the result, the complaint is allowed and the opposite party is directed to refund the ticket charge of Rs.373/-(Rupees Three hundred and Seventy Three only) to the complainant, an amount of Rs.1,000/-(Rupees One thousand only) as compensation for the mental agony suffered by him and Rs.1,000/-(Rupees One thousand only) as compensation for the inconvenience caused to him and the cost of litigation.

  Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.  

Pronounced in the open court on this the 18^th day of January 2020.       

                                                                                                                                Sd/-

                        V.P.Anantha Narayanan                     Member(President I/c)

                                                                                             Sd/-       

                                                                                                     Vidya.A

                                Member

Appendix

Exhibits marked on the side of complainant

Ext.A1(series) – Movie ticket(3 Nos.) with GST No.32AJVPS3145C1Z6(original)

Ext.A2 – Movie ticket booking records.

Exhibits marked on the side of Opposite parties

NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost : 1,000/-