BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

 Complaint No.349 of 2021

      Date of Instt. 13.10.2021

      Date of Decision: 02.08.2022

Mr. Surinder Anand, CA S/o Sh. Jeet Lal Anand, R/o 10/12, Central Town, Jalandhar.

..........Complainant

Versus

Suresh Kumar @ Neela S/o Sh. Kharaiti Lal, R/o EQ 105, Pucca Bagh, Jalandhar.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

Present:       Complainant in Person.

                   OP exparte.

Order

Dr. HarveenBhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP is catering services provider and residing at Jalandhar. Last year the marriage of his daughter was proposed to held on 26.04.2020 and for the marriage function, he hired there services of catering from OP and in consideration of providing catering services, the OP took an advance of Rs.1,00,000/- in cash from him in January, 2020. Consequent upon Covid-2019 and lock down, the said marriage function was postponed to 17.06.2020 with a limited gathering of maximum 50 persons as per government guidelines. The OP i.e. Caterer was contacted for a numerous number of times but all his efforts to get his services regarding catering went in vain. Every time on his visit to his residence/workshop, he was mistreated by OP on one ground or the other. The complainant has to indulge a lot of known fellows to get solve this issue as he was unable to find any caterer at the twelfth hour. Moreover, a huge amount of Rs.1,00,000/- was already paid to OP on account of advance for catering services. On the intervention of some known person he assured them to fulfill his commitment of providing catering services on the scheduled programme dated 17.06.2020. It became an awful condition for him when during his visit to him few days prior to the marriage of his daughter when he showed his inability to provide the catering services even for a mere gathering of 50 persons in absence of more money. The complainant was asked to pay an additional amount of Rs.40,000/- beyond his advance of Rs.1,00,000/- with him. The complainant requested him to adjust the expenditure to be incurred on catering out of his advance money as he was already short of funds. He was also asked as to refund his balance amount later on. Since he bluntly refused his request, as such, he was to hire some other persons at the last hour on a much higher rate for catering services on account of wedding ceremony of his daughter. Due to the above said act and conduct of the OP, the complainant has suffered a lot of stress and tension. This is only because of police intervention and his repeated efforts that on 14.10.2020, the OP agreed in writing to give four cheques of Rs.25,000/- each for the months of Dec-2020, Jan-2021, Feb-2021 and March-2021. This could be only because of intimation of police action by police division no.3. The OP gave cheques of only Rs.30,000/- on 25.01.2021, Rs.30,000/- on 25.02.2021 and Rs.25,000/- on 25.03.2021 of syndicate bank, Jalandhar and the complainant accepted the said cheques. But the said cheques were dishonoured by the bank due to the reason ‘funds insufficient’ and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to refund the entire amount of Rs.1,00,000/- alongwith interest at the market rate alongwith an amount of Rs.5,00,000/- as compensation for causing mental tension and harassment to the complainant.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.

3.                In order to prove his respective version, the complainant himself produced on the file his respective evidence.

4.                We have heard the complainant in person and have also gone through the case file very minutely.

5.                The complainant had booked the OP for catering services for the marriage function of his daughter and paid an advance of Rs.1,00,000/- and this fact has been proved from Ex.C-2 i.e. agreement dated 14.10.2020. Due to Covid-19 the marriage of complainant’s daughter was postponed. The OP was contacted for number of times by the complainant, but the OP failed to fulfill his commitment. Then complainant asked him to return his money, but the OP did not return the money as taken by him as an advance. Regarding this, the complainant made complaint to the Police Commissioner, Jalandhar, which is evident from Ex.C-1. After the marriage of his daughter, the OP agreed in writing to give him four cheques of Rs.25,000/-  each for the months of Dec-2020, Jan-2021, Feb-21 and March-2021 in the presence of the police. This fact is evident from Ex.C-2. The OP gave the cheques, but the same were dishonoured by the bank due to the reason “funds insufficient”, which has been proved by complainant as Ex.C-3 and Ex.C-4. The copies of the cheques have also been produced on record by the complainant in support of his version. All the documents show that the OP has harassed the complainant and hehas suffered mental agony at the hands of OP. The deficiency in service has been proved.

6.                On the other hand, the OP did not bother to appear in the Commission and the OP was proceeded against exparte and ultimately, the allegations of the complainant remained un-rebutted and un-challenged because there is no rebuttal evidence on the file qua the allegation of the complainant. So, in the absence of any evidence, on the part of the OP, we have no option to accept the un-rebutted evidence of the complainant. Therefore the complainant is entitled for the refund of the amount charged by the OP for catering alongwith compensation, interest and litigation expenses.

7.                In view of the above detailed discussion, the complaint of the complainant is exparte partly allowed and OP is directed to refund the amount Rs.1,00,000/- charged from the complainant as an advance with interest @ 6% per annum from Janurary, 2020 till its realization.  Further, the OP is directed to pay Rs.10,000/- as compensation including litigation expenses for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                       Jyotsna                     Dr. Harveen Bhardwaj     

02.08.2022                    Member                   President