Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 463.
Instituted on : 21.09.2018.
Decided on : 15.04.2019.
Mr. Rajesh son of Sh. Kawal Singh, age 40 years, R/o H.No.669/31, Gali No. 1, Ambedkar Colony, Rohtak.
………..Complainant.
Vs.
RN Cinemas, RN Central Mall, 1283-84/29, Above McDonalds, Delhi Road, Model Town, Rohtak-124001 (Haryana), through its Proprietor.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh. Digvijay Jakhar, Advocate for the complainant.
Opposite party already exparte v.o.d. 25.01.2019.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that on 18.08.2018, the complainant had purchased one movie ticket and the opposite party charged Rs.120/- and allotted seat No. G-10 vide ticket No.132798 to him. It is alleged that the complainant was very much surprised to see that seat No. G-10 which was allotted to him was not exist and when he made complaint about the same, then the respondent arranged a chair whereas the complainant requested to refund the paid amount but the respondent refused to do so. It is further alleged that the complainant again very much surprised to see garbage lying in the cinema hall and moreover the condition of the toilets/washrooms were also the same. AC was also not working, water in the toilets/washrooms was empty and they were stinking very badly. The complainant requested to respondent to change the chair to a proper seat with better comfort but they failed to sort out the issue. It is further alleged that the respondent also charged more than MRP from the complainant for food items etc. during the interval time. That the act of opposite party is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to pay Rs.120/- for ticket/billed amount and Rs.320/- for food items alongwith interest @ 24% per annum from the date of billing till the date of final payment and Rs.15,000/- as consultancy fee and litigation expenses and Rs.75,000/- as compensation as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party failed to appear before the Forum, hence, opposite party was proceeded against exparte vide order dated 25.01.2019 passed by this Forum.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and has closed his evidence on dated 18.02.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per copy of ticket Ex.C1, Seat No.G10 was allotted to the complainant but as per document Ex.C2, no such seat exists. Hence there is deficiency in service on the part of opposite parry for not providing the proper seat to the complainant. Regarding the another objection of complainant about charging of more than MRP for food items, no such bill etc. has been placed on record to prove the same. Hence the said objection is turned down.
6. In view of the facts and circumstances of the case, we hereby dispose of the complaint with direction to the opposite party to refund price of ticket Rs.120/-(Rupees one hundred twenty only) and to pay Rs.3000/-(Rupees three thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.04.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member.
