DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.<br /> <br /> Complaint No.287 of 13.07.2007<br /> Decided on: 14.2.2008<br /> <br /> Amrinder Singh son of Sh.T.S.Ahluwalia resident of H.No.21, New Green Park Colony, Jhill Road, Patiala.<br /> -----------Complainant<br /> <br /> Versus<br /> <br /> 1. M/s Tagore Theater Ltd., Model Town, Patiala through its Managing <br /> Director.<br /> 2. Managing Director M/s Tagore Theater Ltd., Model Town, Patiala.<br /> 3. Karam Chand,Manager,M/s Tagore Theater Ltd.Model Town,Patiala.<br /> <br /> ----------Opposite parties.<br /> <br /> Complaint under Sections 11 to 14 of the<br /> Consumer Protection Act.<br /> <br /> QUORUM<br /> <br /> Sh.Inderjit Singh, President<br /> Smt.Paramjit Kaur,Member<br /> <br /> Present:<br /> For the complainant: Sh.K.S.Pruthi,adv.<br /> For opposite parties: Ex-parte.<br /> <br /> ORDER<br /> <br /> SH.INDERJIT SINGH,PRESIDENT<br /> <br /> Complainant, Amrinder Singh has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties full detailed and prescribed in the head note of the complaint.<br /> 2. As per averments made in the complaint the case of the complainant is like this;<br /> That on 3.6.2007, the complainant alongwith his wife had gone to Tagore Theater for watching movie at about 6.20 p.m.and had purchased two tickets for balcony vide ticket for balcony vide tickets no.050735 and 050736 to see movie “Full and Final” and had paid Rs.80/- for both tickets. That when the complainant reached inside the balcony, the complainant found that there was no proper sitting arrangements, as all the seats were full with viewers and to adjust more viewers temporary plastic chairs were put in rows. Due to not proper sitting arrangement complainant approached the manager of Tagore Theater ( who disclosed himself as Karam Chand) and asked him that the complainant had not purchased the tickets of balcony for plastic chairs and on asking this he became angry/annoyed and behaved so rudely and asked the complainant and his wife w{th d/yDh j? sK d/y’' Bjh sK ikT,;kv/ e'b ckbs{ rb tk;s/ e'Jh NkfJw Bjh , i/eo ;hN Bjh j? sK w? eh eoK s[;hA jkb ftu p?m e/ w{th d/y bt'”.That then the complainant asked Manager-Karam Chand that the ticket price is Rs.25/- printed on the tickets but you have charged Rs.40/- for each ticket. Then the manager told the complainant that tickets were earlier/old printed. This shows that the opposite parties are doing mal practice by charging much more from the printed price and by putting plastic chairs, for which they have not taken any permission from the concerned authority. By doing so the opposite parties are cheating even the Govt. by not paying the revenue/entertainment tax for plastic chairs and charging excess from the permitted price for ticket. That earlier Punjab Govt. through Excise and Taxation Department had raided the Tagore Theater and found that the chairs fitted in the theater are much more than the permission taken from the Govt. for running the theater and imposed penalty on account of entertainment tax per chair vide its office memo No.5106/Entt dated 9.8.2002,2020-2032 dated 28.5.2002 and No.3277-3282 dated 7.6.2002for recovery of Rs.1,02,61,655/-.That there was no seat number on the tickets, which is very much necessary to avoid such inconvenience for viewers. The numbers on the tickets were not printed because they cannot print the numbers on the tickets with regard to the plastic chairs which they used to put in rows temporarily. That then they were compelled to watch movie in hall, where he suffered from suffocation. During interval he also came to know that the prices of Cold Drinks, Pop-corns etc. are very high, even from the M.R.P.’s which is also illegal. That even the tickets price for hall was not adjusted towards the tickets purchased for balcony on many requests. That the complainant has suffered harassment, mental agony at the hand of the opposite parties due to deficiency in services and rudely behaviour of Manager of Tagore Theater Ltd.That all the facts and circumstances mentioned above clearly show that the opposite parties are indulging in mal practice and deficiency in providing services. That the complainant has sent a legal notice to the opposite parties on 7.6.2007 but the opposite parties have not replied the same. Hence this complaint.<br /> 3. Notice of the complaint was given to the opposite parties vide which they were directed to appear in the Forum ,but they having failed to put in appearance were proceeded against exparte on 30.10.2007.<br /> 4. In order to prove his case the complainant tendered in evidence his affidavit Ex.CW1/A, tickets,Exs.C1 and C2, copy of legal notice dated 7.6.2007,Ex.C3, postal receipt,Ex.C4, copy of suit ,Ex.C5, copy of written statement,.Ex.C6, copy of letter dated 24.12.2002,Ex.C7, copy of memo dated 7.6.2002,Ex.C8, copy of letter dated 17.6.2006,Ex.C9, copy of letter dated 23.2.2000 ,Ex.C10, copy of letter dated 1.3.2000,Ex.C11 and copy of letter dated 2.3.2001,Ex.C12.<br /> 5. The complainant filed written arguments. We have gone through the same and have also heard the learned counsel for the complainant.<br /> 6. Since the opposite parties have not chosen to contest the complaint, we have the un controverted statement of the complainant and also of Amrinder Singh. According to the complainant he alongwith his wife had gone to Tagore Theater for watching movie at about 6.20 p.m. on 3.6.2007 and had purchased two tickets Exs.C1 and C2 for balcony and paid Rs.80/- for both the tickets. When the complainant went inside the balcony he found that there was no proper sitting arrangement as all the seats were full and to adjust more viewers temporary plastic chairs were put in rows. Due to non proper sitting arrangement ,the complainant approached the manager and asked him that they had not purchased the tickets of balcony for plastic chairs. At this the manager became angry and behaved rudely and told the complainant and his wife to see the movie while sitting in the hall otherwise they could go and that he had no time to listen such complaints. The complainant also asked the manager that the price of the ticket was Rs.25/- as printed on the ticket but have charged Rs.40/- for each ticket. Then the manager told the complainant that the tickets were old printed. It is also the case of the complainant that there was no seat number written on the tickets. The numbers on the tickets were not printed because the opposite parties cannot print the numbers on the tickets with regard to the plastic chairs, which they used to put in rows temporarily. The complainant and his wife were compelled to watch the movie in hall where they suffered from suffocation. During interval the complainant came to know that the prices of cold drinks, pop-corns etc. were very high. Even the price of the tickets for hall was not adjusted towards the tickets purchased for balcony by the opposite parties.<br /> 7. The perusal of the tickets,Exs.C1 andC2 issued by the opposite parties shows that there is no seat number mentioned to avoid inconvenience to the viewers and the price of the ticket is also printed as Rs.25/- only whereas the complainant was charged Rs.40/- for each ticket. The copy of the memo dated 24.12.2002,Ex.C7, shows the permission of seats allowed to fit in Tagore Theater .The copy of the memo dated 23.2.2000,Ex.C10, shows regarding reduction of chairs/seats. The copy of letter,Ex.C11 dated 1.3.2000 shows that the Tagore Theater Limited has reduced the chairs seats. The copy of letter dated 2.3.2001,Ex.C12, shows regarding the reduction in the price of the tickets.<br /> 8. From the affidavit,EX.CW1/A of the complainant and from the above noted documents it is clear that the opposite parties are indulging in mal practice and are causing inconvenience to the viewers when the shows are over crowded. We hold the opposite parties to be deficient in rendering the service with its viewers , so we allow the complaint and direct the opposite parties to refund the price of the tickets of Rs.80/-paid by the complainant and to pay a sum of Rs.10,000/-as compensation for harassment, inconvenience and mental torture and Rs.1000/-as costs of the complaint. The opposite parties shall pay this amount to the complainant within a period of one month from the receipt of the copy of the order. The copy of this order be sent to the parties as per rules.<br /> File be consigned to the record.<br /> Pronounced.<br /> Dated:14.2.2008.<br /> <br /> <br /> President<br /> <br /> <br /> Member <br /> <br /> <br /> <br /> <br />