Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 46 of 2017
Date of Institution : 11.07.2017
Date of Decision : 01.10.2019
Joga Singh son of Sampuran Singh resident of Gali Harbhajan Singh Wali, Mohalla Nanaksar, Tehsil and District Tarn Taran..
...Complainant
Versus
Sheeta Tent House, Near Easy Day, Rohi Kanda, Tarn Taran.
…Opposite Party
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Smt. Jaswinder Kaur, Member
For Complainant Sh. H.S. Sandhu Advocate
For Opposite Party Sh. G.S.Walia Advocate
ORDERS:
Charanjit Singh, President;
1 The complainant Joga Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against Sheeta Tent House, Near Easy Day, Rohi Kanda, Tarn Taran (Opposite Party) on the allegations of deficiency in service and negligence in service on the part of opposite party with prayer to direct the opposite party to refund Rs. 8,000/- to the complainant and the complainant has also prayed Rs. 10,000/- as compensation and Rs.10,000/- as litigation expenses.
2 The case of the complainant in brief is that the complainant had arranged Akhand Path (Continuous recital of Gurbani Path) at his house which runs for 48 hours and as such, the Akhand Path opened on 15.12.2016 and continued till its Bhog on 17.12.2016, the day on which an arrangement for langer i.e. Public Kitchen was also made by the complainant at his house and for that he had to arrange for tent and chairs alongwith utensils for preparing the langers and eatables. For the purpose of arrangement of tents and utensils and crockery's, the complainant approached the opposite party on 9.12.2016 and asked for making arrangement for these to him being proprietor of tent house. The opposite party demanded Rs.8,000/- from him for the same as rent and the complainant paid Rs. 8,000/- in cash to him. The opposite party promised to supply all the utensils, tents and chairs at the house of the complainant in the evening of 16.12.2016, so that the arrangement could be made on the intervening night of 16 & 17. On 16.12.2016, the opposite party sent the supply of only a few chairs and some bamboos to the house of the complainant at about 6.00 P.M and some utensils were also sent to him but most of the utensils as required by the complainant were not sent by the opposite party to his house. The complainant told the opposite party on the same day to supply all the required commodities immediately to his house, so that the proper and systematically arrangement for the function can be done without chaos but those were not supplied immediately on the same day by the opposite party neither these were supplied as per the agreement between both the parties till the morning of 17.12.2016. The complainant had to face embarrassment at the hands of the Opposite party and also due to non-arrangement of the function till 09.00 AM of 17.12.2016 due to the negligence at the part of the Opposite party. The guests which visited the house of the complainant as invited by him on 17.12.2016 asked the complainant about the non-arrangement of the eatables and sitting arrangement, the complainant had no excuse and answer to those, so the complainant immediately called upon the Opposite party regarding it and the Opposite party came at the house of the complainant that instead of feeling sorrow, he took away the supplied chairs and other bamboos sticks without returning the amount of Rs.8,000/- taken by him for the supply of those as required. The complainant had to immediately make arrangement for all these things by approaching some another tents house but whole of these moments, the complainant had been very embarrassed and was in confusion. The complainant had to pay another Rs.10,000/- to the other tent house for getting the commodities required in the functions i.e. utensils, chairs, tables, Crockery etc. The complainant after the function approached the Opposite party for getting the refund of Rs.8,000/- from him which was paid by the complainant to him as rent for the tent house commodities but the Opposite party instead of returning the amount misbehaved with the complainant and told him that he will never return a penny to him nor he will be sorrow for his negligence. Feeling dissatisfied by the act and conduct of the opposite parties, the complainant perforce has filed this complaint against the opposite parties.
3 After formal admission of the complaint, notice was issued to Opposite Party and opposite Party appeared through counsel and filed written version contesting the complaint by taking preliminary objection that the complaint is not maintainable. The complainant has not come to the Forum with clean hands. In fact the complainant is having friendly relations with the opposite party and his brother namely Gurinder Singh. The opposite party and his brother are running Tent houses. The Tent House run by opposite party is Sheeta Tent House and tent house run by his brother is namely Gurdial Tent House. The complainant met opposite party and his brother and stated that he is organizing Bhog of Akhand Path in his house on 17.12.2016 and gave list of required items from Tent house to both of brothers. The complainant further stated that the opposite party and his brother to supply goods from any of their tent house. The opposite party supplied all the items mentioned in the list to the house of complainant on 16.12.2016 in the evening from his tent house namely Sheeta Tent House. Then the complainant called the opposite party on the same day after close of shop that some items are old and asked to change the said items and the opposite party stated that he will send new items early tomorrow morning i.e. 17.12.2016 and then the opposite party sent new items from the tent house of his brother early morning on 17.12.2016 and lifted the old items. The function of the complainant performed well and the complainant paid only Rs. 6,000/- to the brother of the opposite party namely Gurinder Singh on the next day of function. The opposite party asked the complainant to pay rent of items supplied from Sheeta Tent House on 16.12.2016, then the complainant stated that he will not pay a single penny to him but will involve him in false litigation as he supplied old items. The complainant intentionally not mentioned the name of the other tent house in Para no. 6 of complainant from where he alleged to have arranged items as the complainant knows that said tent house is of brother of opposite party. The opposite party has not received a single penny from the complainant. The complainant has filed the present complaint on the basis of concocted story in order to avoid payment of rent of items supplied to the complainant. On merits, it was pleaded that neither any advance money nor any payment after function was paid to the opposite party by the complainant and filed the complaint in order to avoid payment to the opposite party. The opposite party has denied the other allegations of the complaint and prayed for dismissal of the complaint.
4 In order to prove his case, the complainant has tendered in evidence his affidavit Ex. C-1 alognwith documents Ex. C-2 to Ex. C-8 and closed the evidence. Ld. counsel for the opposite party has tendered in evidence affidavit of Balbir Singh Ex. OP/1, affidavit of Gurinder Singh son of Gurdial Singh resident of Kazikot Road Tarn Taran Ex. OP/2 and closed the evidence.
5 We have heard the Ld. Counsel for the complainant and opposite parties and have gone through the evidence and documents placed on the file by the parties.
6 Ld. counsel for the complainant contended that he had arranged Akhand Path (Continuous recital of Gurbani Path) at his house which runs for 48 hours and as such, the Akhand Path opened on 15.12.2016 and continued till its Bhog on 17.12.2016, the day on which an arrangement for langer i.e. Public Kitchen was also made by the complainant at his house. For that purpose, he had to arrange for tent and chairs alongwith utensils for preparing the langers and eatables. He further contended that for arrangement of tents, utensils and crockery's, the complainant approached the opposite party on 9.12.2016 and asked for making arrangement for these to him being proprietor of tent house. He further contended that the opposite party demanded Rs.8,000/- from him for the same as rent and the complainant paid Rs.8,000/- in cash to him. The opposite party promised to supply all the utensils, tents and chairs at the house of the complainant in the evening of 16.12.2016, so that the arrangement could be made on the intervening night of 16 & 17 December 2016. On 16.12.2016, the opposite party sent the supply of only a few chairs and some bamboos to the house of the complainant at about 6.00 P.M and some utensils were also sent to him but most of the utensils as required by the complainant were not sent by the opposite party to his house. The complainant told the opposite party on the same day to supply all the required commodities immediately to his house, so that the proper and systematically arrangement for the function can be done without any chaos but those were not supplied immediately on the same day by the opposite party neither these were supplied as per the agreement between both the parties till the morning of 17.12.2016. He further contended that the complainant had to face embarrassment at the hands of the Opposite party and also due to non-arrangement of the function till 09.00 AM of 17.12.2016 due to the negligence at the part of the Opposite party. The guests which visited the house of the complainant as invited by him on 17.12.2016 asked the complainant about the non-arrangement of the eatables and sitting arrangement, the complainant had no excuse and answer to those, so the complainant immediately called upon the Opposite party regarding it and the Opposite party came at the house of the complainant that instead of feeling sorrow, he took away the supplied chairs and other bamboos sticks without returning the amount of Rs.8,000/- taken by him for the supply of those as required. He further contended that the complainant had to make arrangement for all these things by approaching some another tents house but whole of these moments, the complainant had been very embarrassed and was in confusion. The complainant had to pay another Rs.10,000/- to the other tent house for getting the commodities required in the functions i.e. utensils, chairs, tables, Crockery etc. The complainant after the function approached the Opposite party for getting the refund of Rs.8,000/- from him which was paid by the complainant to him as rent for the tent house commodities but the Opposite party instead of returning the amount misbehaved with the complainant and told him that he will never return a penny to him nor he will be sorrow for his negligence. The complainant has also produced on record photographs Ex. C-2 to Ex. C-8 and prayed that the present complaint.
7 Ld. counsel for the opposite party contended that the complaint is not maintainable. The complainant has not come to the Forum with clean hands. In fact the complainant is having friendly relations with the opposite party and his brother namely Gurinder Singh. The opposite party and his brother are running Tent houses. The Tent House run by opposite party is Sheeta Tent House and tent house run by his brother is namely Gurdial Tent House. He further contended that the complainant met opposite party and his brother and stated that he is organizing Bhog of Akhand Path in his house on 17.12.2016 and gave list of required items from Tent house to both of brothers. He further contended that the complainant further stated that the opposite party and his brother to supply goods from any of their tent house. The opposite party supplied all the items mentioned in the list to the house of complainant on 16.12.2016 in the evening from his tent house namely Sheeta Tent House. Then the complainant called the opposite party on the same day after close of shop that some items are old and asked to change the said items and the opposite party stated that he will send new items early tomorrow morning i.e. 17.12.2016 and then, the opposite party sent new items from the tent house of his brother early morning on 17.12.2016 and lift the old items. The function of the complainant performed well and the complainant paid only Rs. 6,000/- to the brother of the opposite party namely Gurinder Singh on the next day of function. The opposite party asked the complainant to pay rent of items supplied from Sheeta Tent House on 16.12.2016, then the complainant stated that he will not pay a single penny to him but will involve him in false litigation as he supplied old items. The complainant intentionally not mentioned the name of the other tent house in Para No. 6 of complainant from where he alleged to have arranged items as the complainant knows that said tent house is of brother of opposite party. The opposite party has not received a single penny from the complainant. The complainant has filed the present complaint on the basis of concocted story in order to avoid payment of rent of items supplied to the complainant. He further contended that any advance money nor any payment after function was paid to the opposite party by the complainant and filed the complaint in order to avoid payment to the opposite party.
8 In the present case, the dispute is that the complainant has approached the opposite party for getting utensils on rent for performing Akhand Path Sahib and has made the payment of Rs. 8,000/- to the opposite party. But the opposite party has sent only some utensils and old utensils but has not sent all the required utensils. Due to this act and conduct of the opposite party, the function of complainant was not performed properly and the complainant has hired the utensils from other tent house. It is also case of the complainant that for hiring the required commodities/utensils the complainant has given Rs. 10,000/- to the other tent house. To prove his case, the complainant has placed on record photographs Ex. C-2 to Ex. C-5, but these photographs are not helping the complainant which shows that the opposite party has not sent all required utensils/ table, chairs etc. The complainant has also not placed on record affidavit of any his guest which shows that arrangement was not done by the complainant due to non-supply of required utensils, tables chairs etc. from the opposite party/Tent House. The complainant has also failed to prove on record by placing the bill of Rs. 10,000/- which as per pleadings, the complainant paid to the other Tent House. On the other hands, the stand of the opposite party is that the complainant approached the opposite party supplied the utensiels, table etc. to the complainant on rent basis and the complainant told that some articles were old one and on the request of the complainant same were also changed from the tent house of brother of opposite party. The opposite party has also pleaded that the complainant has paid only Rs. 6,000/- to the brother of the opposite party and the complainant has not paid the remaining amount. To support his case, the opposite parties have placed on record affidavit Balbir Singh Ex. OP/2, affidavit of Gurinder Singh Ex. OP/2. From the entire evidence on record and pleadings, the complainant has failed to prove on record any deficiency in service on the part of the opposite party. Moreover, the complainant has not produced on record any receipt of Rs. 8,000/- to prove his case.
9 In view of above discussion, the present complaint without any merits and is hereby dismissed. Copy of order be supplied to the parties as per rules. File be consigned to record room.
Announced in Open Forum
1.10.2019
(Charanjit Singh)
President
(Jaswinder Kaur)
Member
