D.o.F:15/07/2011
D.o.O:30/10/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.175/11
Dated this, the 30th day of October 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
M.Praveena.
Shanthalayam, Anchukunnu Po,
Manathavadi, Wayanad. Now working at : Complainant
O/o DYSP, SBCID, R.D.Nagar,
Po.Kasaragod.
(in person)
Proprietor, Mehaboob Theatre ,
Complex, Near BSNL Office, Kasaragod. : Opposite party
(Adv.A.Balakrishnan Nair,Kasaragod)
ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The gist of the complainant’s case is that when the complainant went to the opposite party theatre for a movie on 10/7/2011 after purchasing Ist class ticket. She entered inside the theatre and tried to find a good seat for herself. But to her utter shock it was revealed that there was no seat which were properly maintained by the opposite party. Almost all the cushions of the seat were torn out and unhygienic ie, people used to spit under the seat, pieces of cigarettes other waste where dumped in the theatre and moreover there was no light , the urinals and the toilet where kept in most unhygienic and negligible manner without any safe door or lock that nobody especially ladies will dare to use toilets and urinals even for an emergent occasion in the theatre at that time. Therefore the complainant asked the ticket counter staff to change the ticket for issuing a balcony ticket and the opposite party’s staff humiliated the complainant . Due to the unbearable and unhygienic atmosphere of the theatre and the attitude of the staff caused mental agony and hardship . Hence the complaint.
2. The opposite party filed a version and seriously contended that all the allegations are false and the theatre was functioning on the basis of the conditions stipulated in the licenses as per Cinimatograph Act. The Municipal Corporation is monitoring in the functions of the theatre and the Health Dept. also inspecting and supervising the theatre regularlily and also used to conduct surprise inspections. The opposite party further contended that the bathrooms and urinals are kept in hygienic conditions and cleaning the same after every show and all the bathrooms having shutters. The opposite party submitted that the complainant came to the theatre together with her 2 friends and asked the gateman to permit her to see the films without valid ticket and the same was denied by the opposite party’s staff which provoked her and filed this frivolous complaint.
3. Complainant was examined as PW1 and opposite party examined the Manager as DW1 and commission report marked as Extr.C1.
4. While going through the testimony of PW1,DW1 and records before us , it is convinced that PW1 experienced an unforgettable and unbearable day due to the unhygienic atmosphere meted out by her from opposite party’s theatre. The opposite party highly opposed the averment in the complaint and raised his objection. Moreover the opposite party taken out a commission as per IA 104/12 and Health Supervisor of Kasaragod Municipality appointed as Commissioner. As per the report dtd.26/4/12 which was marked as Ext.C1, along with the photographs taken by the commissioner , the theatre was kept in a very neat and tidy manner and all the seats are new in appearance , the bathroom and urinals of the theatre appears highly hygienic and properly maintained by the opposite party. But it is highly pertinent to note that the above complaint was filed on 15/7/11 and the opposite party entered his appearance on 23/8/11 and filed his version on 24/9/11 and if at all the allegation raised by the complainant was totally false and vexatious one the opposite party ought to have taken out an expert commission immediately after his appearance . In this case the expert was inspected the site and filed his report after 8 months from the date of opposite party’ appearance. Therefore there is every chances for any alteration or change of circumstances in the site. Where as the complainant herein filed her objection to expert report before us and while going through the same it is clearly convincing that she had given a complaint before the Kasaragod Municipality with regard to her grievance about the theatre . The Secretary , Kasaragod Municipality inspected all the theatres within their limit on 4/1/2012 and filed a report before the Municipality on 10/1/2012. Eventhough it is not a marked document the Forum perused the same and its contends were really shocking and surprising to us because all the theatres within the Kasaragod Municipality were functioning without complying the conditions in the license. The toilets and its surroundings where highly untidy and unhygienic. On the basis of that report all the theatres within the limit of Kasaragod Municipality where given strict direction to keep the theatre and surrounding neat and tidy. Moreover due to the noncompliance of the above strict direction s from the concerned authority the OP theatre was closed for 2 days as per notice dtd. 18/1/2012 and the same is evident from the information given by the State Public Information officer of Kasaragod Municipality on 21/2/2012 as a reply to the petition filed by the complainant as per Right to Information Act. All this clearly proves the case of the complainant herein.
5. Another serious contention of the complainant in her argument was that the opposite party had done some construction and renovation works in the theatre after the filing of this complaint before the Forum. The same is corroborated during the cross-examination of DW1 and he had categorically stated that after the complaint the theatre was modernized and enhanced the ticket fare which substantiate the contention of the complainant herein without any doubt. The photos produced by the Expert before us reveals that the seats of the theatre, doors of bathrooms and the inside portion of bath rooms and urinals appears as newly constructed and kept as neat and tidy.
6. The issues raised in the present case is in such a nature that it affects the entire society and the Forum really appreciates the complainant for her commitment towards the society and the enthusiasm for spending her time and effort for enlightening a social issue which necessitate the interference of the forum without fail . Her grievance must be redressed with the corporation of the authorities like Health Department and the Municipalities of the respective places. If at all the concerned departments are taking due diligence while issuing the license and conducting proper inspection and monitoring the functions of theatre and other similarly placed public places as per the provisions periodically, then only the public will have an opportunity to enjoy and utilize such public places properly. Theatres are not a mere place for spending our leisure time and meant only for entertainment for the public but in our busy tedious life people are intending to go for movies for releasing their stress and make themselves feel happy and comfortable. Therefore public places like theatre should be kept neat and clean.
7. The complainant being a working women came before the forum for 15 posting dates directly which shows her interest in socially relevant issues. Waste and dirt are known to be breeding grounds for all type of harmful bacteria and germs that can be caused contagious and other serious diseases which are the things nobody in their right mind wants to affect them. The definition of hygiene is practices that prevents the spread of disease causing organism and as a society we all agree that it is one of the basic necessities in life and it is the most important fundamental responsibilities of each and every citizen of India to keep our public places and surroundings clean. While considering the importance of the issues raised in the above case and the difficulties and humiliation faced by the complainant from the side of opposite party, the interference of this forum is absolutely necessary and therefore we are of the opinion that the deficiency in service attributed against the opposite party is clearly proved by the complainant herein .
8. As per the opposite party since the complainant is a police officer wanted to see movie along with her friends free of cost and for which the staff of the opposite party were not ready and because of this reason she filed this false case against the opposite party by raising false and baseless allegation . While analysing the entire evidence and fact of the case it is highly important to note a very relevant aspect that if at all the complainant is a person who is taking undue advantage and other benefits will definitely demand a high and exaggerated compensation for her mental agony. But here the facts of the case reveals that the complainant is not seeking any relief as compensation , but the only intention of the complainant was nothing but the proper redressal of her grievance instead of monitory benefit.
In the result , the complaint is allowed and the opposite party is directed to pay cost of Rs.25000/- to the complainant within 30 days from the date of receipt of copy of this order. Failing which the complainant is entitled interest @12% for Rs.25000/- from the date of complaint till the realization of the amount.
PW1-M.Praveena- complainant
DW1- witness of opposite party
C1- commission report
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
