| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/394/13 Date of Institution:- 13.08.2013 Order Reserved on:- 09.04.2024 Date of Decision:- 15.05.2024 IN THE MATTER OF: Ashok Kumar Bhat L-188, Defence Enclave, Tajpur, New Delhi - 110071 .….. Complainant VERSUS The Manager Ambience Banguets Plot No.165, Amberhai, Sector-19, Dwarka. .…..Opposite Party Per Dr.HarshaliKaur, Member - The brief facts of the complaint are that the complainant booked the banquet hall of OP for his daughter's wedding, which was scheduled for 01.02.2013. He took the package in which the food and beverages for 300 guests were confirmed at the rate of Rs. 750/- per plate. He also paid Rs. 30,000/- for the flowers and Rs. 4000/- for soft music. The complainant states that he paid Rs. 2,59,000/- in advance, Rs. 50,000/- in cash on 26.08.2012 and Rs. 76,800/- by cheque in November 2012. He also paid Rs. 1,50,000/- in cash on 31.01.2013. The complainant has annexed the payment receipt of Rs. 76,800/- as Annexure-1.
- The complainant's grievanceis that the food prepared by the caterer according to the menu agreed upon between the complainant and the OP for the wedding function was substandard and insufficient for his 300 guests. He further states that the OP had promised that Koul Caterers would be preparing the food but the food was prepared by Kashmiri Foods. Due to the food being prepared by a Muslim caterer, the complainant felt embarrassed in front of his guests.
- Despite trying to contact the OP, he could not get a positive response from them.Therefore, he sent a letter to the OP requesting them to refund the money duly received by the OP. Annexure-2 and Annexure-3 are the copy of the letter and receipt of the same by the OP, respectively. When the OP did not respond to the request despite the follow-up, the complainant filed the present complaint under Section 12 of the Consumer Protection Act, 1986, praying for direction to the OP to apologise for the inconvenience caused, refund Rs. 2,76,800/- towards the deficient service, Rs. 10,000/- towards the mental agony suffered by the complainant and Rs. 1000/- towards litigation costs.
- Notice was issued by this forum to the OP to file their reply. The OP, in their reply, vehemently denied the assertion made by the complainant that the food was insufficient for the guests, further stating that the quality of the food was tested by the complainant before the event, who at the time had no objection to the quality of the food or that the same was prepared by the caterer Kashmiri Foods.
- Instead, the OP stated that the complainant had an outstanding balance of Rs. 16,959/- still unpaid for the services availed by him,which he has not paid despite several reminders, repeated demands and notice.
- Admittedly, on approaching the OP, the complainant booked their services for 300 guests in their banquet hall for 01.02.2013 for the marriage ceremony of the complainant's daughter. A written contract dated 26.08.2012 (Annexure-R1) with detailed specifications about the services offered by the OP was drawn up. The complainant paid Rs. 50,000/- as advance booking amount out of the total amount of Rs. 2,59,000/- excluding applicable taxes and statutory dues. It was further agreed that the remaining amount of Rs. 2,09,000/- would be paid by the complainant on or before the scheduled event on 01.02.2013, and all applicable taxes and statutory dues would be paid by the complainant after the event when the final bills were prepared and raised against the complainant.
- The complainant thereafter paid the balance amount of Rs. 1,50,000/- on 31.01.2013. On 02.02.2013, the OP telephonically informed the complainant of the outstanding amount of Rs.16,959/- requesting the complainant to clear the outstanding payment, but instead of paying the outstanding amount, the OP received an email in the second week of March alleging that the OP had served only 100 pax of food instead of 300 pax. The OP on 08.10.13 issued a legal notice to the complainant (Annexure R5) to recover the balance amount from the complainant. Thus, the complainant has filed the present complaint to blackmail and harass the OP to benefit from his own wrong.
- The complainant filed his rejoinder, admitting that no specific agreement was executed between the parties that the amount paid would be exclusive of taxes;instead, the agreed-upon amount of Rs. 2,59,000/-included taxes. Denying all other averments made by the OP, the complainant filed his affidavit to be read in evidence. The OP filed the affidavit of Mr. Varun Ahuja, the partner of the OP, who reiterated the statements made in the reply filed in the OP.
- Both parties filed their written arguments, and we have heard the complainant, who appeared in person and stated on record, that the case may be decided based on the material on record. The OP was given 7 days to address oral final arguments; however, none appeared for the OP and hence, the order was reserved.
- We have perused the documents filed by the complainant and have carefully gone through the facts and the circumstances of the present complaint.
- The admitted facts of thecomplaint are that the complainant and the OP executed an agreement for the wedding of the complainant's daughter to be held on 01.02.2013. The total consideration amount for hiring the service of the OP, which included food and services for 300 guests at the rate of Rs. 750/- per person, Rs. 30,000/- for flowers and Rs. 4000/- for music, came out to be Rs. 2,59,000/- as the total amount. The complainant paid Rs. 50,000/- on 26.08.2012, Rs. 76,800/- in November 2012, and Rs. 1,50,000/- on 31.01.2013.
- The issue before us is that the complainant alleges that the OP did not provide sufficient food for his 300 guests, and also, the caterer was changed from Koul Caterers to Kashmiri Foods, a Muslim caterer, due to which the complainant felt embarrassed before his guests. When the OP did not refund his consideration amount despite an email dated 16.03.2013, the complainant filed the present complaint.
- The OP denied that the food prepared was only for 100 pax instead of 300 pax, as claimed by the complainant. They further state that the complainant had tasted the food before it was served to his guests and found no fault in its quality at the time nor with the caterer Kashmiri Foods. They claim that after the completion of the complainant's daughter's wedding function on 01.02.2013, the OP on 02.02.2013 finalised the total taxes applicable and payable in respect to the services rendered to the OP on 02.02.2013.
- The net final tax applicable totalledRs. 33,759/- out of which Rs. 16,800/- had been paid by the complainant vide bill/cash memo no. 014 dated 01.02.2013. Hence, a balance amount of Rs. 16,959/- was telephonically informed to the complainant on 02.02.2013, which the complainant did not pay to date. Hence, the present case has been filed as an afterthought.
- In our considered view, the issue before us to be adjudicated is that the complainant was aggrieved by the insufficient food prepared by the OP along with the change of caterer as mentioned in his complaint.
- The complainant has, however, not placed on record any note or written representation sent to the OP to apprise them of the same. Instead, the complainant paid Rs. 76,800/- to the OP on 1.2.2013 after the function as final payment without any complaint. So far as the change in the caterer from Koul Caterers to Kashmiri Foods, which the complainant found was unacceptable, was also not objected to at the time of the squaring of the bill raised by the OP on 01.02.2013 for reasons best known to him. Instead, the complainant mentioned the same in the letter issued to the OP dated 16.03.2013, well after 15 days of making the final payment.
- Thus, the bald statements the complainant made in his complaint without any cogent evidence do not inspire confidence in our minds towards his unsubstantiated claim. Therefore, we do not find any merit in the present complaint and dismiss the same without costs.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 15.05.2024.
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