DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Civil Station, Palakkad 678001, Kerala
Dated this the 27th day of August, 2011
Present: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K. Member Date of filing: 18-02-2011
CC.No.29/2011
Sunija.V,
D/O.K.Velayudhan Kutty,
Puthenthara House, - Complainant
Thiruvazhiyad Post,
Ayilur, Nenmmara,
Palakkad-678 510
(By Adv. SURESH KUMAR.K)
Vs
Proprietor,
Nila Catering Service (India) Private Ltd., -Opposite party
J.R.J Complex,
Ottapalam, Palakkad-679 101
(By Adv. P.SREEPRAKASH)
O R D E R
By Smt.BHANUMATHI A K, MEMBER
The case of the complainant is as follows,
The complainant had booked 1300 number plates of food in the rate of Rs.80/-, from the opposite party catering service head office, Ottapalam in connection with her marriage function at Asirvad Kalyanamandapam in Jainimedu, Palakkad as amount of Rs.1500/- was paid as advance. During the function the opposite party did not serve all the food items to the guests, which are already booked by the complainant. The menu also changed by the opposite party is instead of Ramasseri Idly, Ordinary Idly was served. Raitha and Chattini not served. The service rendered by the opposite party was very poor and low level. Behaviour of the staff towards guests was very bad. They were not listening the people when they calling infront of the table and about 300 guests were left the function without getting food. When the complainant questioned regarding this, the opposite party replied in a very rough manner.
The food items brought by the opposite party was removed in their vehicle even before the function was over. The complainant made a complaint immediately after the marriage function was over. No action was done by opposite party. Thereafter several times the complainant made complaint in the opposite party head office and mediaton talks were also held. But the problems remained unsolved. Hence this complaint filed seeking an order directing the opposite party to return the amount of Rs.1,04,000/-(Rupees One Lakh and Four Thousand Only) which was already received by the opposite party and Rs.1,00,000/-(Rupees One Lakh Only) as compensation for mental agony.
Opposite party filed version denying all the fact put forward by the complainant. Opposite party contents that ordinary idli was served instead of Ramasseri Idli is not correct. As per the oral instruction given by the complainant ordinary idli was also arranged in addition to ordered number of Ramasseri Idli. Opposite party says that the number of guests attended the function was below the expected number and food items including Ramasseri Idli was in excess. The excess food was handed over to the petitioner's relatives in closed containers. The petitioner, her father and relatives expressed their satisfaction regarding the food and services that is why the entire amount for food and services was paid. There is no deficiency of service on the side of opposite party and complainant may be dismissed with compensatary cost to the opposite party.
Both parties filed their respective affidavits. Ext.A1 to A2 marked on the side of the complainant. No documentary evidence is produced by opposite party.
Matter heard.
Issues to be considered are,
1.Whether there is any deficiency of service on the part of opposite party? If so,
2.What is the relief and cost?
Complaint is regarding the deficiency of service on the part of opposite party catering
centre in not providing the ordered items and the low levelled behaviour of the staff. The main grievence of the complainant is that instead of Ramasseri Idli Ordinary Idli was served to the guests. The ordered item Raitha and Chattini was not served. About 300 guests were left the function without getting food. The behaviour of the catering staff was very poor towards the guests.
It is evident from Ext.A1 document the complainant had booked 1300 number plates of food in the rate of Rs.80/- from the opposite party catering centre, Ottapalam. Ramasseri Idli, Raitha, Chattini etc. were included in the ordered food. According to complainant instead of Ramasseri Idli, Ordinary Idli was served. Opposite party admits that ordinary idli was also arranged was served as a commentary item. There is no need of serving ordinary idli as opposite party itself admitted that the number of guests attended the function was below the expected number and food items including Ramasseri Idli was in excess. Regarding non serving of Raitha and Chattini opposite party did not giving any explanation. No document is produced to show that which are the items are available on that day. Opposite party admits that the entire amount was received.
The version of the opposite party that the petitioner paid entire amount without raising any objection seems unbelievable as the complainant stated in the complaint itself that when questioned about the insufficient food opposite party replied in rough manner. Complainant says that many mediators talks were held. But all these are not supported by documents. Also there is no evidence to show that 300 guests left the function without getting food. In the argument notes it is stated by the counsel for the complainant that the complainant booked the catering service in connection with the marriage of sister. But Ext.A2 reveals that the marriage was of the complainant itself.
From the above discussions we are of the view that the opposite parties made deficiency of service on their part in not serving the ordered items and also in low levelled behavoiur towards the guests.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs.4,000/-(Rupees Four Thousand Only) as compensation and 1,000/-(Rupees One Thousand Only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 27th day of August 2011.
Sd/-
Smt.Preetha G Nair
Member
Sd/- Smt.Bhanumathi.A.K.
Member
A P P E D I X
Exhibits marked on the side of the complainant
Ext.A1-copy of contract letter from the opposite party catering service.
Ext.A2-Copy of marriage invitation letter.
Exhibits marked on the side of the opposite party
Nill.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite party
Nil.
Cost allowed
Rs.1,000/-(Rupees One Thousand Only) allowed as cost of the proceedings.
