Kerala

Kollam

CC/06/379

O.Gopinathan, Maaryathu Kizhakkethil, Maruthoorkul - Complainant(s)

Versus

Sulfikar Mohammed, Chalayyamveedu, Ayanivelikulang - Opp.Party(s)

Boris Paul

02 Nov 2007

ORDER


KOLLAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/06/379

O.Gopinathan, Maaryathu Kizhakkethil, Maruthoorkul
M.N.Natesan, Mannethu Veedu, Ayanivelikulangara South
...........Appellant(s)

Vs.

Sulfikar Mohammed, Chalayyamveedu, Ayanivelikulang
Mustafa, Pentadial Veedu, Padanairkulangara South
...........Respondent(s)


BEFORE:
1. K.VIJAYAKUMARAN ACHARI 2. RAVI SUSHA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT. This complaint is filed for realizing compensation and damages. The averments in the complaint are as follows: The first complainant booked ChalAyyam Auditorium belong the 1st opp.party in connection with the marriage of his niece which was scheduled to be held on 20.8.2006. He has also paid Rs. 500/- as advance on 28 .7.2006 for which the 2nd opp.party who is the Manager of the first opp.party issued a receipt. In pursuant to that the complainant has invited his friends and relatives for the marriage . While so on 15.8.2006 he was informed that the 2nd opp.party has booked another marriage in the auditorium on the same day that is 20.8.2006 and therefore the auditorium cannot be .made avoidable to the complainant. However the opp.parties told them that they will provide a temporary shed to the complainant for conducting the marriage of their niece in the same premises. But the party who booked the auditorium subsequently objected the same with the result that the complainants had to find out another venue which is not at all sufficient for their requirements at the Maruthoor Kulangara Mahadevar Temple. The complainant could not inform the change of the venue to most of their relatives and friends with the result that a number of relatives and friends of the complainant could not participate in the marriage. Due to the conduct of the opp.parties the complainants were put to irreparable loss injury and mental agony. The conduct of the opp.parties is arbitrary and amount to deficiency in service. Hence the complaint. The opp.party were duly served but they did not file any version and remained absent. Hence they were set exparte. The first complainant filed affidavit in lieu of chief examination in accordance with the averments in the complaint. He has produced Ext.P1 receipt issued by the opp.party for having received the advance booking charges for the Auditorium from the complainant, Ext.P2 Wedding invitation card of bride, Ext.P3 wedding invitation card of bride groom, Ext. P4 Visiting card and Ext.P5 wedding invitation card of the marriage which was subsequently booked in the above auditorium From the affidavit and Ext.P1 to P5 the case put forward by the complainant stands proved. We find that the conduct of the Opp.parties in booking another marriage in the hall already booked by the complainant as per Ext.P1 amounts gross negligence and deficiency in service and therefore they are liable to pay compensation to the complainant. In the result the complaint is allowed , The opp.parties are directed to pay a sum of Rs.20,000/- as compensation and 2,000/- towards cost. The order is to be complied with within one month from the date of this order. Dated this the 2nd day of November, 2007. K. Vijayakumaran Achary : Sd/- Adv. Ravi Susha : Sd/- Forwarded/by Order, SENIOR SUPERINENDENT. I n d e x P1. – receipt P2. – Wedding invitation card of bride P3. – Wedding invitation card of bridegro9m P4. – Visiting card P5. – Wedding invitation card




......................K.VIJAYAKUMARAN ACHARI
......................RAVI SUSHA