In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 265 / 2010

1)                   Mr. Ravi Jain,

2)                   Mrs. Aakansha Jain

Both of 9, Rawdon Street, Kolkata-17                              ---------- Complainants   

---Versus---

1)                   Taj Bengal, Kolkata      

34B, Belvedere Road, Alipore, Kolkata-27.

2)       Indian Hotels Company Ltd.

Mandlic House, Mandlic Road,

Apollo B, Mumbai-400039.

3)         A.D. Sreedharan

Credit Manager, Taj Bengal,      

34B, Belvedere Road, Kolkata-27.                                                ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   18    Dated  11/09/2012.

            The petition of complaint has been filed by the complainant Mr. Ravi Jain and Mrs. Aakansha Jain against the o.ps. Taj Bengal and others. The case of the complainants in short is that complainants in the occasion of marriage ceremony of their relative hired banquet services from o.ps. on 12.12.08 and the total consideration amount was Rs.13,65,000/- and complainants paid the full amount and in terms and conditions made by the parties it was scheduled that the total number of guests would be 550 and both the parties will take count of plates jointly if the said number exceeds 550 complainant will pay the balance sum for the an hanced heads. Further case of the complainant is that on 12.12.08 after completion of banquet function while complainants with other invitees were about to leave the hotel, the representative of o.ps. handed over a bill of Rs.2,81,810/- stating that the total number of heads increased to 666 instead of 550. It has been submitted by complainants that number of heads was less than 550 to their estimation and at that time on being pressurized by hotel management complainants had to make payment of Rs.2,81,810/- as will be evident from running page 28 of the annexure filed by complainant together with petition of complaint wherefrom it reveals that the said amount was received on behalf of o.p. no.1 one Animesh dt. 12.12.08 as security deposit. Hence the case.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them. In the w/v o.ps. have stated that the instant case has got no merit at all and o.ps. had received Rs.2,81,810/- quite justifiably and the case is liable to be dismissed.

Decision with reasons :-

            We have gone through the pleadings of the parties, evidence and documents in particular and   from running page 28 of the annexure of the petition of complaint it reveals that a further sum of Rs.2,81,810/- was received by one Animesh on behalf of o.p. no.1 as security deposit. Now the question peeps through the sleeves that at the time of entering in to agreement with o.ps., complainants made payment of security deposit while making payment of Rs.13,65,000/- and then why the question of payment of subsequent security deposit vide running page 28 of the annexure attached with the petition of complaint come. There is nothing on record filed on behalf of o.ps. that number of invitees exceeded 550 after joint counting as was settled between the parties. Therefore, we find that there was no justification for claiming and receiving Rs.2,81,810/- at the completion of the ceremony late at night on the date referred to above by o.ps. and therefore, we find and hold that there is sufficient deficiencies on the part of the o.ps. being service provider to its consumer / complainant and complainant is entitled to relief. It has been admitted and also submitted by ld. lawyer of complainants that complainants issued instruction to the concerned bank authority on the following date not to allow encashment of the said cheque. Ld. lawyers for the parties in the course of argument stated that the said cheque has not yet been encashed.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to return the cheque amounting to Rs.2,81,810/- to the complainant since it has not yet been encashed and lying with the custody of the o.ps. within 45 days from the date of communication of this order and o.ps. are further directed to pay to the complainants compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.