DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 22^nd day of March, 2023

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 01/12/2022   

CC/238/2022

Kuriakose.K.K

S/o K.K.Kurian, Karimattam House

Anakkal (P.O), Malampuzha

Palakkad – 678 651                                               -         Complainant

(Party in person)

                                                           V/s

    The Manager

    Aroma Theatre (SRT Complex)

Palakkad                                                                  -         Opposite party

(Ex-parte)

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      On 01/12/2022 the complainant went to the opposite party theatre in SRT Complex for watching a movie.  He took ticket for the first show on payment of Rs. 115/-  The opposite party did not switch on the Air conditioner for the show.  When enquired about this, one of the staff informed that it will be switched on in 10 minutes.  But it did not happen even after starting the show.  The complainant had to suffer two and a half hours in the theatre without ventilation which caused physical discomfort to him.  He could not enjoy the show due to the deficiency in service on the part of opposite party.  So he approached this Commission for an order directing the opposite party to refund the ticket amount and Rs. 3,000/- as compensation including the cost of the litigation.

2.   After admitting complaint, notice was issued to the opposite party.  But the opposite party did not appear before the Commission even after the receipt of notice and was set ex-parte.

3.   Complainant filed proof affidavit and Ext. A1 marked from his side.  Heard.

4.   The main points to be considered are

1. Whether there is any deficiency in service/unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled to the reliefs claimed?
3. Reliefs if any, as cost and compensation.

5.  Points 1 to 3 are considered together

      The complaint averment is that the complainant went to the opposite party theatre for watching a movie.  But the opposite party did not switch on the Air conditioner in the theatre for the entire show.  The complainant suffered physical discomfort by sitting in the theatre without any ventilation for two and a half hours.  Even after request, they did not provide the service and the deficiency in service on the part of the opposite party had caused inconvenience and physical discomfort.  He could not enjoy the movie due to this.

6.   The complainant produced the original ticket dated 01/12/2022 for an amount of Rs. 115/- issued by the opposite party which is marked as Ext. A1. 

7.   Even after the receipt of notice from this Commission, the opposite party did not appear or file version.  In the absence of any contra evidence, we accept the complainant’s contention.

          It is a deficiency in service and unfair trade practice on the part of the opposite party in not operating the Air conditioner during the show after collecting the ticket amount of Rs. 115/-  As per the complaint, this resulted in physical discomfort to the complainant and the opposite parties are liable to compensate the complainant for that.

          In the result, the complaint is allowed

          We direct the opposite party to

1. Refund the ticket amount of Rs. 115/- and
2. To pay Rs. 3,000/- as compensation for the deficiency in service and unfair trade practice on the part of the opposite parties and for the inconveniences suffered by the complainant together with cost.

The opposite parties shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.

Pronounced in open court on this the 22^nd day of March, 2023.

                                                                                            Sd/-

                                                                                    Vinay Menon V

                                                                               President                                              

                                                        Sd/-

              Vidya.A

                             Member   

                                                                                              Sd/-

                                                                                  Krishnankutty N.K.

                                                                                           Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: Ticket dated 01/12/2022.

Documents marked from the side of opposite parties: Nil

Witness examined from the complainant’s side: Nil

Witness examined from the opposite parties side: Nil

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.