Delhi

North

CC/220/2018

P.K. CHAUDHARY - Complainant(s)

Versus

SUNIL AGGARWAL - Opp.Party(s)

05 Jan 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

                                                                   CONSUMER COMPLAINT NO.220/2018

 

 

IN THE MATTER OF

 

P.K. CHAUDHARY, ADVOCATE

S/O LATE SH. RAM SWAROOP CHAUDHARY

R/O H.NO.20, GALI NO.6,

WAZIRABAD VILLAGE

DELHI-110084                                                                            …COMPLAINANT 

 

VERSUS

1.       SH. SUNIL AGGRAWAL @ BUNTI,

2.       SH. SHUBHAM AGGRAWAL,

          S/O SH. SUNIL AGGARWAL @ BUNTI,

3.       DREAM PALACE BANQUET HALL

            (THROUGH ITS PROPRIETOR SH. SUNIL AGGARWAL)

4.       JND ENTERPRISES

          (THROUGH SH. SUNIL AGGARWAL/SHUBHAM AGGARWAL)

         

ALL AT:

DREAM PALACE BANQUET HALL,

7259, PREM NAGAR, SHAKTI NAGAR,

OPPOSITE P.N.B., DELHI-110007                          …OPPOSITE PARTIES

 

 

                                                   ORDER/

05/01/2024

 

Ashwani Kumar Mehta, Member:

 

1.                The details of the complaint filed under section 35 of the Consumer Protection Act, 2019, are that  the complainant was looking for a suitable Banquet Hall for the purpose of celebrating the function of Ring Ceremony of his  Daughter and Kuan Poojan of his Grandson for 10^th of November 2017 and the Opposite party no. 1 namely Sh. Sunil Aggrawal  @  Bunti and the Opposite party no. 2 namely Sh. Shubham Aggrawal contacted the complainant in the  first week of November 2017 telephonically and disclosed that they are running Banquet Hall under the name of Dream Palace Banquet at Shakti Nagar Delhi i.e. Opposite party no.3 and further stated that they will provide excellent service to him. The complainant informed them that he had already booked Floriana Banquet, G.T. Karnal Road Industrial Area for 10^th of November 2017 and a sum of Rs.20,000/- has been paid as advanced  but the OP no. 1 and 2 insisted that their  Banquet is very much spacious, beautiful and having good food and services, further insisted the complainant to visit.

 

2.                It has also been alleged that both  opposite party no. 1 and 2 further assured that the advanced money paid by the complainant can be adjusted if the functions can be performed in Dream Palace Banquet Hall i.e. at the OP no./OP- 3. Thereafter on 4^th of November 2017,  the OP-2, the son OP-1 and the manager of OP-3 along with some other person came to the house of the complainant and the complainant was taken to the Dream Palace Banquet Hall. During the course of discussion at the office of OP no. 3, it was stated by the OP 1 and 2 that they can provide services for the function of marriage of the daughter of the complainant which was fixed for 10^th of December 2017 subject to accommodation and change of date of marriage from 10^th of December 2017 to 11^th of December 2017 as they have already booked a marriage party at Ram Leela Ground DDA Park, Ashok Vihar Phase II, Delhi. The OP no. 1 & 2 and their associates  promised that at the Ram Leela Ground, Ashok Vihar, they will provide complete water Proof Covered Pandal and  other facilities more than the facilities provided and available  in any  7 Star Hotels.

 

3.                 It is further alleaged by the complainant  that he again disclosed that for the marriage ceremony, he has already booked Suraj Vatika Farm House, Palla Bhaktawar Pur Road, Delhi and an advance of Rs. 11,000/- has been paid to Sh. Munna Gupta as well as precautionary measure just to avoid any disturbance of weather, he has also booked Prakash Continental, Wazir Pur Depot and advance of Rs. 5100/- has also been paid.  In this regard, the OP-1 and 2 again stated that if the said amount is not refunded by them, both these amount would be adjusted by them in the Bill. The OPs also convinced the complainant that they will further arrange stickers of Dream Palace on the cards of Kuan Poojan for 10.11.2017.

 

4.                 It is stated by the complainant that he has paid a sum of Rs. 2 Lakhs cash to the OP no.1 & 2 on 5.11.2017 in advance for the two occasions of 10.11.2017 and 11.12.2017.  Though 200 guests were expected to attend the occasion of Kuan Poojan and Ring Ceremony on 10.11.2017 but on account of change of venue, the OP no. 1 and 2  were asked to arrange only for 150 guests and Rs. 800/- per person was fixed for the said occasion as the same charges were fixed at Floriana Banquet Hall.  Thereafter,  the OPs have not given the bill of the occasion performed in their Banquet Hall on 10.11.2017. Since the services and food were satisfactory at Opposite party-3, the complainant further paid a sum of Rs.120000/- (Rs. one lakh twenty thousand only) by cheque to the Opposite party no. 1 and 2 for the purpose of booking of Ram Leela Ground from DDA. The Opposite party no. 1 and 2 collected a cheque of Rs. 1,20,000/- (Rs. One lakh twenty thousand) vide cheque no. 622632 drawn on SBI, Tis Hazari Court which was later on filled in the name of OP No. 4 without the knowledge or intimation of the complainant. The said cheque was enchased from the bank account of the complainant on 16.11.2017. Total 500 guests were invited in the marriage party. Further, cash of Rs. 5 Lakhs was paid to  OP no. 1 and 2 before the date of marriage and on 11.12.2017, a cash of Rs. 50,000/- were also taken by OP no. 1 and 2 in their Banquet Hall Dream Palace. The OP no. 1 and 2 assured and promised to arrange rooms and halls for 11.12.2017 at Arya Samaj Dharamshala in front of Ram Leela Ground but it totally  failed to provide the same. On the day of marriage i.e. 11.12.2017, the complainant was available in the venue at Ram Leela Ground, Ashok Vihar, Delhi and found that OP no. 1 and 2 have failed to provide the facilities of water proofing as assured by them and at about 3.30 pm the rain started. Since the OP have not made any arrangement regarding water proofing of the Pandal, foods space as well as rooms prepared for Bridal and Vedi,  rainy water was oozing out from every corner including the space of snacks, food, bridal rooms and vedi. Besides, the snacks as promised by the Opposite party no. 1 and 2 were not provided and the contract of preparation and arrangement of food etc.(catering) was given by OP to some other person without the permission or intimation to the complainant though the OP have assured and promised to the complainant that the food etc. would not be arranged or prepared by any other agency or caterer.

 

5.                It has further been alleged that there was failure of providing any security, the beggers and other bad elements had entered in the venue, the toilets were very dirty without any hand wash or water, the attendant of toilet was taking liquor and all the complaints were made to the Opposite party no. 1 and 2 by the complainant but they failed to take any action. The waiters were not in their uniforms, the fruits etc. were not served. The main course and desserts were also not provided or served, on account of sudden rain and improper arrangements of the OPs.  

 

6.                Thereafter, the OPs were requested to arrange suitable space for the purpose of rest of the ceremony i.e. PHERE but the OPs asked to the complainant to come at Dream Palace Banquet where the other marriage was performed, hence reluctantly, the complainant along with family members, guests and family members of bridegroom went to the Dream Palace Banquet. Rest of the function was performed after facing great difficulties and the staff of OP demanded money of Rs.50,000/- which was paid then and there which is already captured in the pictures/cctv.

 

7.                It has, therefore, alleged that on account of the above said misconduct, irresponsibility, negligence, unfair trade practices  on the part of the OPs, the function of the complainant was totally failure and it was very much insulted feature in the society as well as before the relatives, parents and other guests of bridegroom who taunted about the bad arrangement and due to the said reasons the complainant and his wife went in depression and the wife of the complainant was admitted in Tirath Ram Hospital due to the aforesaid reason and fault of the OP.

 

8.                It has further been alleged that the OPs had not issued the bills of function of 10^th of November 2017 and 11.12.2017 despite repeated demands and non-supply of the bills shows that the OP are evading the taxes/revenue and giving huge losses to the Government by not paying the proper taxes etc.

 

9.                It is also alleged that due to non-performance of the contract and services, the OP has  committed misconduct,negligence, unfair business practice, breach in providing the proper services, breach of the right of consumer, mental agony and financial loss for which the OPs are liable to refund the amount of Rs. 8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only)  received from the complainant and Rs.11 Lakhs (Rupees Eleven Lakhs only) as compensation and towards damages etc.  The complainant has also sent notice to the OPs on 20.12.2107 through Speed Post but the OP have not taken any action. Therefore, the instant complaint has been filed before this commission, for directions to OPs to refund the amount of Rs. 8,50,000/- and Rs. 11,00,000/- as compensation along with cost of the case to the complainant.

 

10.     Accordingly, notices were issued to the OPs to defend/contest the complaint before the commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs chose not to appear despite service and have been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the Opposite Parties have failed to provide service as assured/agreed to the complainant. Therefore, we are of the considered view that the complainant has suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

11.               Since the complainant has filed proof of payment of Rs.1,20,000/- (Rs. One lakh twenty thousand only) to the OPs, therefore, we feel appropriate to direct  all the four OPs  to refund Rs.1,20,000/- (Rs. One lakh twenty thousand only) , jointly and  severally, to the complainant within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 10-12-2018 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.50,000/- (Rupees Fifty Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

12.     Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                          ASHWANI KUMAR MEHTA                                            HARPREET KAUR CHARYA

                               Member                                                                                       Member   

                       DCDRC-1 (North)                                                                      DCDRC-1 (North)

 

DIVYA JYOTI JAIPURIAR

President 

DCDRC-1 (North)