By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- The complainant is an employee in State Bank of Tranvancore having very good reputation in the society. He belongs from a reputed family. His marriage was scheduled to 30th April 2012 at St. George Church, Meppadi and reception at complainant's residence. The opposite party knowing the same approached the complainant for setting ground for marriage function scheduled to 29.04.2012 and 30.04.2012. The opposite party claimed that he is well known for outdoor catering services and decorations in Wayanad district. The complainant booked opposite party for setting temporary thatched shed for both pre and post marriage function and also for serving feast to the guests. The opposite party is also agreed to provide all other amenities such as kitchen utensils, light and sound, tables, chairs, generators etc for the function. The opposite party is also agreed to decorate the stage for the marriage function as selected by the complainant from the photo album shown by opposite party and the
(contd...2)
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rates for each was fixed at the time of placing the order. While placing the order the complainant demanded two generators one 7 HP generator for complainant's house and another 3 HP is for using in the Church at the time of marriage ceremony, in case if there any emergency exists.
2. But opposite party didn't keep his promise while decorating the stage, providing generators, setting wash basins etc. The arrangements provided by the opposite party was not satisfactory. The complainant wants to conduct and celebrate his marriage is a memorable one. He arranged food for more than thousand guests, videographers and photographers arranged to cover the entire marriage function. Also arranged Church quire team. But due to power failure in the church the complainant counldn't get videography of his marriage ceremony. Church
quire also was a failure due to lack of electricity. Church quire team cannot use the microphone and organ. The marriage function became an utter flop due to negligence of this opposite party. Even though complainant had booked for 3 HP generator for church function the opposite party arranged only a 1 HP generator to the church. Which is not at all sufficient for providing power to videographers and church quire team. The decoration works done by the opposite party for the marriage function was not according to the terms and conditions between the parties. Night function conducted on 29.04.2012 was troubled due to some connection problem in the wash basin set by the opposite party. All these problems caused due to the negligence and deficiency of service on the part of the opposite party. This affected the reputation of complainant as well as the bride's family very badly. It caused mental agony, inconvenience and damages to complainant and his family. This is deficiency in service from the part of the opposite party. Hence the complainant prays to get Rs.51,500/- towards compensation and cost of this litigation.
(contd...3)
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3. Notice served on opposite party on 23.06.2012 sufficient time is granted to opposite party to file his version but opposite party either present before this Forum or filed his version till 10.08.2012 . Hence the opposite party is set ex-parte and proceeded with the case.
4. On 16.03.2013 the opposite party filed Interim Applications as No.28/2013 and 29/2013 to set aside the ex-parte Order of this Forum. The complainant filed counter in Interim Applications. Heard both sides but the Interim Applications dismissed because on considering the decision of the Honorable Apex Court of India it is held in Rajeev Hitendra Pathak & Others V/s Achyut Kashinath Karekar & others reported in CPR 2012 on page 78, the amendment in Section 22 and introduction of Section 22 A in the Consume Protection Act in the
year 2002 by which, the power of review or recall had vested with the National Commission only. Hence this Forum has no power to set aside the ex-parte Order.
5. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
6. Point No.1:- To prove complainant's case he filed chief affidavit and Exts.A1 and A2 are marked. Complainant was examined as PW1. Ext.A1 is the Receipt Voucher issued by the opposite party to the complainant. Ext.A2 is the wedding card of PW1. To substantiate complainant's case one witness was examined as PW2. On perusal of Ext.A1 and evidence adduced by PW1 and PW2 it is clear that complainant entrusted the opposite party to arrange
panthal, light and sound, generators , decorations and related amenities to conduct the function
and he paid charges for that. In the chief affidavit of PW1 and PW2 clearly support this. PW2's evidence also gives light to complainant's case. He stated that he witnessed all the dealings between opposite party and complainant. Moreover he stated that opposite party provided 1 HP generator instead of 3HP generator to the Church at the time of marriage ceremony. So videographers and church quire team could not perform their part in good manner. The decoration works was also not done as per terms. Night function was troubled due to blocks in the wash basins set by the opposite party. Depending on the evidence adduced by the complainant we are in the opinion that the act of the opposite party created many inconvenience to complainant and his family. So there is deficiency in service on the part of the opposite party. Point No.1 is found accordingly.
7. Point No.2:- The marriage ceremony is always an in memorable for all, due to negligence of opposite party complainant happened to suffer many inconveniences. The act of the opposite party cannot be equated in terms of money even though he entitled to get an amount of Rs.10,000/- towards cost and compensation.
In the result the compliant is partly allowed. The opposite party is directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand) only towards cost and compensation. This order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 23rd day of May 2013.
Date of Filing:12.06.2012.
PRESIDENT :Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sibin. C. B. Complainant.
PW2. Deepu. Neighbour of Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Cash Bill.
A2. Wedding Card.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
