Haryana

Ambala

CC/224/2014

RAMESH CHAND - Complainant(s)

Versus

RAVI KUMAR - Opp.Party(s)

RISHI GUPTA

23 Aug 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                                          Complaint case no.        : 224 of 2014

                                                          Date of Institution         : 22.08.2014

                                                          Date of decision   : 23.08.2017

          Ramesh Chand Gupta son of Sh. Murari Lal, Resident of house NO.48C,          Shashtri Colony Ambala Cantt.   

……. Complainant.

1.       Ravi Kumar Proprietor Heena Band and Baggi PurANA Dawa Khana,    Kacha Bazar, Ambala Cantt.

2.       M/s Heena Band and Baggi, through its Prop. Ravi Kumar, Purana Dawa         Khana Bazar, Ambala Cantt.

….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER

                   MS. ANAMIKA GUPTA, MEMBER                     

 

 

Present:       Sh. Rishi Gupta, counsel for complainant.

                   OPs No.1 and 2 already exparte v.o.d. 06.07.2015.

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant booked the full fleshed band of OP for marriage of his son Sh. Sushil  Gupta consisting of 21 artists besides other person for 19.04.2014 in the evening at 7.00 p.m. i.e. full time and settlement was reached between the complainant and OP for Rs.24,000/- out of which advanced payment was made of Rs.1100/- by the complainant at the time of booking i.e. 13.02.2014. Further submitted that the marriage was to be performed Shainai Farm, Hissar Road, Ambala City and Baarat was started from Shashtri Colony Ambala Cantt, but neither the OPs nor band of OP was reached on 19.04.2014 and when the complainant contacted OP i.e. Ravi Kumar Prop.  of M/s Heena Band and Baggi, Ravi Kumar put lame excuse that OP have no booking of the complainant for 19.04.2014 although booking for 21.04.2014. When the complainant reached on the shop of OP i.e. Purana Bawa Khana, Kacha bazaar, Ambala Cantt, the OP i.e. Ravi KUmar ran away by putting the shutter down and also switch off his telephone. Baarat was to be reached at 8.30 p.m. at Shainai Farm but the same was reached at 11:30 p.m due to that whole function of the complainant was spoiled. Further submitted that the complainant has to cut a sorry figure before his relatives and the complainant insulted and suffered mental harassment. The complainant has to engage in hurry a Band for completion of ceremony and thus the complainant has suffered a mental harassment and tortured just because of non availability of Bank & Ghori and due to that even relatives of the complainant asked the complainant “have you not paid money to the band people. In this way, the complainant suffered a great humiliation and mental torture and the reputation of the complainant has been lowered in right full thinking of members of the society. Hence, the present complaint.

2.                Upon notice, OPs did not appeared before the Court and they were proceeded against exparte v.o.d. 06.07.2015.

3                 To prove his version complainant tendered his affidavit as Annexure C-X & C-Y along with documents as annexure C-1 and C-5 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The complainant has booked band and also paid  Rs. 1100/- as booking amount to OPs but the band of OPs did not reach on 19.04.2014 at the time of marriage (Annexure C-3 marriage card) of the son of complainant. Thereafter, the complainant had to run from pillar to post for engaging another band i.e. Shanker Band (Annexure C-2) on 19.04.2014 by spending extra amount Rs.1000/- for completion of ceremony as well as subsequent functions of his son. The version of the complainant duly supported by his sworn affidavit (Annexure C-X) and affidavit of Sh. Charanjit Kumar Sharma (Annexure C-Y). On the other hand, Ops No.1 & 2 did not appear before the Court despite registered notice and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                    In view of the above discussion, we are of the confirmed view that that complainant has suffered mental agony and harassment and also felt humiliation before his relatives and nears & dears due to non-providing of service by the Ops on proper time after receiving the booking amount. Suffering of the complainant in the present case cannot be compensated in terms of money only but we can only give the compensation to the complainant as per C.P. Act. So we assess the compensation amounting to Rs.20,000/-. Hence, the present complaint is hereby allowed and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

1. To pay sum of Rs.1,100/- as booking amount.
2. To pay sum of Rs.20,000/- as compensation, on account of mental harassment & agony and litigation expenses.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :23.08.2017                                  (D.N. ARORA)

                                                                                       President

 

 

     (PUSHPENDER KUMAR)

                                                                                       Member

 

    

           (ANAMIKA GUPTA)

                                                                                       Member