Date of Filing     24.04.2024

                                                                                                             Date of Disposal: 13.09.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                          …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                                ……MEMBER-I

CC.No.148/2024

THIS FRIDAY, THE 13^th DAY OF SEPTEMBER 2024

Smt.N.Nithyaselvi,

W/o.N.Balamurugan,

Nathans Villas, No.3, First Street,

K.K.Nagar, Thirumullaivoyal,

Chennai 600 062.                                                                                      ……Complainant.

                                                                            //Vs//

The Proprietor,

Hotel Thiruvizha,

No.514, C.T.H Road, Ram Nagar,

Ambattur, Chenni-600 053.                                                                 …..opposite party. 

Counsel for the complainant                                                 :   M/s.P.Raja, Advocate.

Counsel for the opposite party                                             :   exparte 

This complaint coming before us finally for hearing on 06.09.2024 in the presence of M/s.P.Raja, counsel for the complainant and the opposite party was set exparte for non appearance and upon perusing the documents and evidences of complainant’s side this Commission delivered the following

ORDER

PRONOUNCED BY Tmt. Dr.S.M. LATHA MAHESWARI, PRESIDENT

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party in not supplying food as per the agreed menu for the function hoisted by the complainant along with a prayer to refund a sum of Rs.1,39,325/- cost spent by the complainant and to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardship caused to the complainant along with cost of the proceedings to the complainant.

Summary of facts culminating into complaint:-

2. It was the case of the complainant that she booked a party hall with the opposite party along with Non-Vegetarian Lunch for the scheduled date of 29.10.2023 for 230 persons on the occasion of her daughter B.Jesiha Sri’s Puberty Day celebrations.  By virtue of this order, the Hotel Management had demanded the full payment towards the supply of Non-Vegetarian Lunch for 230 persons and for the confirmation of order as per the Bill No.725 dated 28.10.2023.  The payment was made by the complainant. On 29.10.2023 when the opposite party commenced servicing of lunch at about time 1.00pm, initially it was done as per menu for the first batch of guest who were in total only 90 persons as per the CCTV footage and also the seating arrangement of the hotel. Thereafter they miserably and wantonly failed to supply the food as per the agreed menu.  The food was not served and the guests were sitting with empty banana leaves and in instalment they have been served the food as per their wish and not as per the menu which was clearly visible in the opposite party CCTV footage. The complainant and her family was shocked and surprised.  When they approached the opposite party’s Manager of the Hotel and demanded the food to be served as per the order accepted and the money received, he did not respond properly and started to abuse the complainant for no reason and at one point of time the opposite party was informed that for all 230 persons the food had been served. The complainant was very much upset with the reply of the opposite party’s Manager. Complainant herself arranged food at about 4.00pm by just running from pillar to post and from all nearby Hotels.  The complainant and her family members managed to get the food and the CCTV footage too shows the food parcels purchased from outside which was being served in the hotel to all the relatives and friends. Hotel Management was not only caused service deficiency but created mental agony and loss of reputation to the complainant’s family. Thus, the complainant filed a Police complaint for cheating and threatening the complainant with dire consequences for demanding food that too after making the full payment. For the said complaint a CSR was registered by the T1 Ambattur Police Station Vide CSR NO.1882/2023.   After multiple calls for appearance of the opposite party, the hotel management attended the Police Station and upon instructions of the Police, the CCTV footage was produced before the Station Officer. The hotel management accepted their mistake and promised to make due compensation for the loss suffered by the complainant.  Further the complainant approached the Commissioner of Police, Avadi lodged a complaint against the opposite party Hotel Management and obtained an acknowledgement for the same. The opposite party hotel had served food only for 90 persons in the first batch and the entire balance crowd of 140 members were left without lunch. Complainant sent a legal notice calling upon the opposite party to pay the compensation but no response. Thus, aggrieved by the act of the opposite party the present complaint was filed for the reliefs as mentioned above.

3. On the side of the complainant proof affidavit was filed along with documents marked as Ex.A1 to Ex.A8. Though notice was served to the opposite party they did not appear before this commission to file any written version and hence they were called absent and set exparte on 07.08.2024 for non appearance and non filing of written version within the mandatory period as per the stature.

Points for consideration:-

1. Whether the opposite party/Hotel had committed deficiency in supplying the food as per the agreed menu even after receipt of entire payment for the function hoisted by the complainant?
2. If so to what reliefs the complainant is entitled?

Point No.1:-

4. Heard the oral arguments of complainant and perused the documentary evidences produced.

5. The complainant had produced documents Ex.A1, the invitation for the Puberty Ceremony of the complainant’s daughter at the opposite party’s hotel on 29.10.2023.  Ex.A2 and Ex.A3 were filed in proof of payment made as per the invoice. As alleged only for 90 persons against the 230 persons agreed, the non-vegetarian lunch was provided, the hotel authorities were questioned and a police complaint was filed as evident from Ex.A4 to Ex.A6.  Though legal notice was issued, inspite of receipt of the same, the opposite party did not choose to issue any reply.  Even before this Commission, they did not appear to rebut the complaint allegations. 

6. When it is the specific case of the complainant that on that particular unfortunate day, the opposite party had failed to provide food as per agreed menu and that they procured food from outside and served it to their guest and that everything was caught in the CCTV of the opposite party, it becomes essential for the opposite party to produce and provide the CCTV footages to prove the contrary.  Above all when the complainant also had stated that the opposite party had produced the CCTV footage to the police leading to proof of allegations against the opposite party, the opposite party failing to supply the CCTV footage to the complainant leads to adverse presumption and the itself amounts to deficiency in service which sufficiently proves the deficient act of opposite party.  Therefore, when the complaint allegations remains unrebutted and when sufficient evidence was produced by the complainant in support of her allegations, we have no other option but to hold that the opposite party had committed deficiency in service in the matter of providing food for the guests in the function as agreed and had received the payment.  Point answered accordingly in favour of complainant holding that the complaint allegations against the opposite party had been successfully proved.

Point No.2:-

7. As we have held above that the complainant had well established the deficiency in service on the part of opposite party, we deem it appropriate to direct the opposite party to repay the amount received from the complainant for the unserved food along with compensation for the mental agony and hardship caused to the complainant.  It is admitted by the complainant that for 90 person food was supplied as agreed by the opposite party.  Hence we direct the opposite party to refund the cost charged for the remaining 110 person i.e.57,860/- along with a compensation of Rs.1,00,000/-.   We have awarded the said compensation considering the plight of a host before the guests invited without serving any food in an Momentous celebration. Cost of Rs.10,000/- is also awarded towards litigation expenses.

In the result, the complaint is partly allowed against the opposite party directing him

a) To refund a sum of Rs.57,860/- (Rupees fifty seven thousand eight hundred sixty only) the cost charged for the remaining 110 persons to the complainant within six weeks from the date of receipt of copy of this order;

b) To pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards compensation for the mental agony and hardship caused to the complainant;

c) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant;

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, an interest at the rate of 9% per annum will be levied on the said amount from the date of complaint till realization.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 13^th day of September 2024.

  Sd/-                                                                                                                         Sd-

MEMBER-I                                                                                                         PRESIDENT

List of documents filed by the complainant:-

  Sd/-                                                                                                                         Sd/-

MEMBER-I                                                                                                           PRESIDENT