CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.597/2012

SH. JAIPAL SINGH

R/O 133, VILLAGE-JASOLA,

P.O. – JAMIA NAGAR, NEW DELHI-110025

…………. COMPLAINANT                                                                                           

VS.

M/S R.S. TENT & CATERERS,

THROUGH ITS PROPRIETOR MR. BHAJJE

SHOP NO.300, MAIN MARKET,

JAMIA NAGAR, OKHLA VILLAGE, NEW DELHI-110025

………….. RESPONDENT

Date of Order:06.10.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that the marriage of his daughter was fixed for 20.01.2012 and he made the booking of tent, halwai etc. with OP much in advance.  OP was to provide tent, catering and halwai etc.  The amount was settled for Rs.35,000/- out which complainant paid an advance of Rs.5,000/-.  OP was to send halwai for preparation of bhaji etc on 19.01.12 however, nobody turned up from the side of OP.  When complainant contacted OP and requested him to send the halwai etc. for preparation of bhaji, OP informed complainant that he has got better option and he will not be able to give the services.  Complainant personally went to shop of OP and requested him but he and his brother threatened and OP even refused to return the advance money.  At the eleventh hour, complainant was forced to engage another halwai for doing the work who charged Rs.68,000/-.  It is stated that it is case of deficiency in service on the part of OP.  It is prayed that OP be directed to return Rs.5,000/- as well as Rs.50,000/- on account of compensation and Rs.11,000/- towards litigation cost.

Nobody appeared for OP despite service accordingly, OP was proceeded ex parte.

Complainant filed affidavit towards evidence and placed receipts on the record to show that he has booked OP whose proprietor is one Mr. Bhajje and paid an advance amount of Rs.5,000/-.  Complainant has placed on record the receipts showing that at the eleventh hour, he had to engage another halwai for Rs.60,000/-.  It is proved from the unrebutted testimony of the complainant that OP failed to provide services.  It is a clear cut case of deficiency in service on the part of OP.

            OP is directed to refund Rs.5,000/- to complainant alongwith interest @ 9% p.a. from the filing of the complaint.  OP is further directed to pay Rs.15,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                                 MEMBER                               PRESIDENT