BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.308 of 2019
Date of Instt. 06.08.2019
Date of Decision: 19.05.2023
Harpreet Singh Sandhu S/o Sh. Baljinder Singh, Resident of Daudpura Dodipura Khem, Karan Patti, Tarn Taran.
..........Complainant
Versus
1. PVR Cinemas, through its Manager/Authorized Signatory, 4th Floor, MBD Neopolis Mall, Near BMC Chowk, Jalandhar - 144001.
2. Ajay Bijli, Managing Director PVR Cinema, PVR Ltd. (Corporate Office), Block-A, 4th Floor, Building No.9, DLF City, Phase-3, Gurgaon-122010.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: None for the Complainant.
Sh. Puneet Sareen, Adv. Counsel for OPs No.1 & 2.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that on 12.7.2019 the complainant with his friend have gone to PVR Cinema for seeing the movie Super 30 when the complainant purchased two tickets of Rs.404/- including GST. At the time of purchasing the said movie tickets the staff/employee of opposite parties pressurized the complainant that if they want to see the said movie then it must be purchased Hunger Bite Combo Coupon alongwith tickets for an amount of Rs.170/- each. When the complainant refused to purchase the said coupon, then the staff/employee of opposite parties flatly refused to give the tickets. The complainant requested the OP No.1 that they will not eat anything inside the Audi Hall and it is not compulsory to purchase the said coupon alongwith movie tickets. But the OP No.1 compelled the complainant to purchase the said coupon. At that time the situation of the complainant was very awkward in front of his friend as well as in general public. He under pressure of the OP No.1 and under compelling circumstances purchased the coupon of Rs.170/- each alongwith movie tickets bearing coupon serial no.28437 and 28438. Moreover, the OPs also failed to issue any bill receipt of the said coupon to the complainant. The OPs not cheated the complainant as well as general public for selling the coupons unlawful and illegal manner. Due to above said act and conduct of the OPs, the reputation and status of the complainant has been lowered in the eyes of his friend as well as general public. There is great deficiency, unfair trade practice and negligence in services on the part of the opposite parties and due to that the complainant suffered a great mental tension, agony and harassment apart from humiliation and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay a compensation of Rs.2,00,000/- for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses alongwith interest @ 12% per annum till realization of amount.
2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint by taking preliminary objections that the present reply is being filed by PVR Limited (Cinemas) and Ajay Bijli, Managing Director, PVR Ltd, to the Consumer Complaint No 308 of 2019 before the District Consumer Disputes Redressal Forum. It is further averred that the OP Company is a company incorporated under the Companies Act, 1956, having its registered office at 61, Basant Lok, Vasant Vihar, New Delhi 110057. The OP Company is inter alia engaged in the business of providing the films to its patrons and has acquired a very good reputation in its field of business on account of extremely high quality and standard of services being provided by it. In context of the Complaint, OP No.2 operates a multiplex cinema on the 4th Floor of MBD Neopolis Mall at Jalandhar, hereinafter referred to as "Opposite Party 1". At the very outset, the OPs crave leave of this Forum that each and every averment/allegation is considered to be "specifically denied" until any para or averment is not specifically accepted thereto. the complaint initiated/filed by the complainant cannot be entertained as the Complainant is not coming across with clean hands in accordance with the procedure laid down under the Consumer Protection Act, 1986 (hereinafter called "the said Act") and Consumer Protection Rules 1987. In the absence of proper facts and circumstances of the case, the complaint is not sustainable and cannot be proceeded further and is liable to be dismissed. Under Section 12 of the said Act, it is made mandatory that the procedure laid down under this section shall be followed only on admission of complaint. In other words, a complaint, which has sustainability, can be admitted for hearing and in case the complaint is untenable, frivolous or vexatious can be brushed aside by taking recourse of Section 26 of the said Act. It is evident that the present complaint under reply is untenable on the face of it is and is not a fit case for admission. Hence no recourse of Section 12 of the said Act could be resorted to in the present case. The complaint is malafide, vexatious and frivolous as such liable to be dismissed under Section-26 of the Act. It is further averred that the OP is law abiding company and has not violated any statutory or other provisions and is discharging all statutory obligations in public law. It is further averred that PVR has put up various display boards and hoardings at every nook and corner at the premises, informing the patrons of the various options of Food & Beverage items and combos available to them. It is further submitted that each display board clearly indicates the price and quantity of each item/combo and nowhere has it even been remotely indicated that the said items are for compulsory purchase by the patron. On merits, the factum with regard to purchase of two movie tickets by the complainant is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the OPs only as none has appeared on behalf of the complainant and have also gone through the case file very minutely.
6. The complainant has alleged that he and his friend had purchased two Movie Tickets from the OP for Rs.404/-. He has alleged that the OPs pressurized the complainant that if they want to see the said movie, then it must be purchased Hunger Bite Combo Coupon alongwith tickets for an amount of Rs.170/- each. On refusing to purchase the said coupon by the complainant, the staff of OPs flatly refused to give the tickets, but the OP No.1 compelled the complainant to purchase the said coupon then under pressure and under compelling circumstances the complainant purchased the coupon of Rs.170/- each alongwith movie tickets bearing coupon serial no.28437 and 28438. He has proved on record the Coupons Ex.C-1 and Ex.C-2, which show that the amount of Rs.170/- each were charged.
7. The OPs on the other hand denied the illegality and unfair trade practice on the part of the OP. It has been alleged by the OPs that the PVR has put up various display boards and hoardings at every nook and corner at the premises, informing the patrons of the various options of Food & Beverage items and combos available to them and each display board clearly indicates the price and quantity of each item/combo and nowhere has it even been remotely indicated that the said items are for compulsory purchase by the patron.
8. It is not disputed that the complainant with his friend has gone to the PVR Cinema for watching the movie and purchased the tickets with coupon of Rs.170/- each. The main grouse of the complainant against the OP is that they have charged Rs.170/- each for coupon. He has alleged that he was forced to purchase coupon, this contention is not tenable as if the OP forced the complainant to get the coupon along with the ticket, then the complainant should have not agreed to watch the movie and not paid Rs.170/- each for coupons. There is no evidence on the record, from where it can be ascertained that the OP forced the complainant to get the coupon alongwith the ticket. No complaint against the OP was filed on the same day to the concerned authorities informing that he is being forced to purchase the coupon. In the PVR Cinemas, display board clearly indicates the price and quantity of each item/combo and even it has been remotely indicated that the said items are for compulsory purchase by the patron, despite that the complainant purchased the tickets alongwith coupons. It was his own will and option to purchase the combo coupon and not of OPs. Thus, there is no deficiency in service and unfair trade practice on the part of the OP. The complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
19.05.2023 Member President
