Tamil Nadu

South Chennai

CC/306/2019

Lion. G. Devarajan - Complainant(s)

Versus

Albert Cinema Theater, Rep by its Propritor/Manager - Opp.Party(s)

Lion. G. Devarajan

03 May 2023

ORDER

                                                     Date of Complaint Filed : 09.12.2019

                                                     Date of Reservation      : 13.04.2023

                                                     Date of Order               : 03.05.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                       : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,       :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,: MEMBER II

 

CONSUMER COMPLAINT No. 306/2019

WEDNESDAY, THE 3^rd DAY OF MAY  2023

 

Lion.G.Devarajan,

S/o. J.Gopalakrishnan (Late),

No.25/12. Sathyanarayanan Street,

Sembium,

Chennai 600 011.                                                               …Complainant.

..Vs..

The Proprietor /Manager,

Albert Cinema Theatre,

13/1, Whannels Road,

Egmore,

Chennai 600 008.                                                            .. Opposite Party.

 

                                            * * * * *

Counsel for the Complainant   : G. Devarajan

Counsel for Opposite Party      :  Mr.K.Sivakumar, Advocate

On perusal of records and upon hearing the oral arguments of the Complainant, this Commission delivered the following:

 

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

 

(i)  The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a sum of Rs.170/- towards the excess amount collected from the Complainant and to direct the Opposite Party to pay an amount of Rs.4,80,000/- towards compensation for mental agony caused to the Complainant and to pay the cost of the complaint.

I.     The averments of Complaint in brief are as follows:-

1.  The Complainant is working as a Typist and a new film (cinema) fan and used to see new films released. The Opposite Party had Screened the film "VIJAY" Starrer "BIGIL' from 28.10.2019. The Complainant had booked the ticket by Internet through online cinema booking "TICKET NEW" for 24.10.2019. Each Ticket 195 x 2 Ticket = 390/- + Internet handling fees Rs.59.00 Total 449.00/- (including GST) (Seat No.K-29,K-30 Showtime 03.00 P.M).

2.     The Complainant understood that the sale of tickets by the Opposite Party theatre has not been according to the directions in the G.O.(Ms)No.762 dated 16.10.2017. The government had fixed the price of tickets according to the theatre status. There is also an order that no excess amount shall be collected over and above the government rates.  At the same time, the government has also fixed rates for parking of two wheelers and four wheelers. It is a matter of regret that the Opposite Party ALBERT CINEMA THEATRE had not followed any of the above orders of the government. It is also significant that this theatre had not exhibited the government rates for entry at place in the theatre.

3.     The entry fee for the Opposite Party ALBERT CINEMA THEATRE has been fixed Rs.87/- maximum and Rs.40/- minimum/-. This Complainant had booked ticket an advance by internet for paying Rs.390/-. However the government fixed rate is only Rs.87/-. The Opposite Party may be ordered to refund the excess sum of Rs.170/- collected immediately. The excess were collected by the said Opposite Party ALBERT CINEMA THEATRE is mere cheating and a breach of faith.

4.     As the Opposite Party for the movie “Bigil” collected ticket charges more than the government fixed ticket charges, the Complainant made a Written complaint to the Commissioner of police at Chennai 600 007 on 29.10.2019. In this connection on 29.10.2019 a communication was issued to the Opposite Party that the excess amount collected has to be returned.

5.     After 19 day the Opposite Party Theatre had screened the film "VISHAL " Starrer "ACTION" Movie from 16.10.2019. The Complainant had booked the ticket by Internet (authorized online cinema booking TICKET NEW website") for 16.10.2019 at 09.20am. Ticket price (inducing Gst) Rs.109.98 + Internet handling fees Rs.25.50 Total 139.48 (Seat No. K-30 Show time 11.30 A.M). The Complainant had booked "ACTION" Movie ticket through online in which they mentioned "Action" movie but when the Complainant went to the theatre with online ticket to the Theatre Ticket Counter, the Ticket Counter Employee told that the "Action" Movie was shifted to “BABYALBERT THEATRE" in a rude behaviour and also told that SANGATHAMIZHAN - Movie was shifted to ALBERT CINEMAS. It is pertinent to mention here that ALBERT CINEMA THEATRE Administration's deficiency caused the Complainant to mental agony and this breach of trust had caused distress.

6.     There is only one ALBERT CINEMA THEATRE but they selling two types of ticket charges ie.,Rs. 195/- and Rs. 109.98/- and cheating people who visits their theatre. Due to this incident the Complainant has suffered mental agony and this breach of trust had caused distress.  Hence the complaint.

II.     Written Version of Opposite Party in brief is as follows:

7.     The Opposite Party denied all the allegations levelled against them in toto and liable to be dismissed in limini for the reason of mistake of fact, against the truth and misrepresentation by suppressing the facts.  The Opposite Party never collected any extra amount from the viewers at any point of time.  The averment of the Complainant is baseless, without any application of mind.  The Opposite Party collects the charges (sale of tickets) only based on the tariff fixed by the government only.

8.     The Opposite Party submitted that they were permitted by the Government to collect the additional charges for very few days immediately after the release of new movies. The Opposite Party promptly paid the Government duties such as GST. Entertainment tax etc., no hide charges levied any of the viewers till date. The ticket itself contains tax details.

9.     The Opposite Party submitted that the Opposite Party having high reputation in the society from the year 1984 and with the intention and evil motive to demolish the good name and good will, the Complainant filed the present complaint.

10.    The Opposite Party submitted that the present petition is to be dismissed for the reason that the Complainant not made the case that the deficiency in our service. The Complainant collected the ticket and viewed the cinema and there is no deficiency in our service. Hence it is prayed  this Forum may be pleased to dismiss the complaint with cost.

III. The Complainant has filed his proof affidavit, in support of his claim in the complaint and has filed 9 documents which are marked as Ex.A1 to A9. The Opposite Party had not submitted his proof affidavit and the same was closed on 13.4.2023. Written argument was filed on the side of the Complainant.

Points for Consideration:-

1. Whether there is any deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for the reliefs sought for?

3. To what other relief,  the Complainant is entitled to?

Point No. 1 :-

11.    Upon perusal of Exs.A-2 and 3  it is seen that the Complainant had booked two tickets for the Tamil Movie BIGIL with the Opposite Party through Ticket new.com on 24.10.2019 to be screened in the Opposite Party theatre on 28.10.2019. Though the Complainant contend that the cost of each Ticket is Rs.195 and for 2 Ticket Rs.390/- + Internet handling fees at Rs.59.00 in total 449.00/- (including GST) for Seat No.K-29,K-30, Showtime 03.00 P.M, it is seen Ex.A-2, is the Email of ticket confirmation issued by the Ticket New Team and not by the Opposite Party. The Complainant had not produced the ticket issued by the Opposite Party. Hence the contention that the Opposite Party had charged Rs.195/- for each ticket is not substantiated by documentary proof and moreover in Ex.A-2, there is no spilt up details of Rs.195/- for each ticket and for 2 Tickets Rs.390/- along with Internet handling fees Rs.59.00 Total 449.00/- (Including GST) as contended by the Complainant.

12.    As regards the contention of the Complainant that he had booked "Action" Movie ticket through online in which they mentioned "Action" movie but when the Complainant went to the theatre with online ticket to the Theatre Ticket Counter, the Ticket Counter Employee told that the "Action" Movie was shifted to BabyAlbert Theatre in a rude behaviour and also told that Sangathamizhan - Movie was shifted to ALBERT CINEMAS and that the administration deficiency of the Opposite Party had caused the Complainant  mental agony and distress, which is totally a different issue that gives separate cause of action and the complaint cannot maintain the said issue in this complaint and moreover the Complainant had accepted and viewed the Sangathamizhan– Movie for the ticket purchased by him and thereafter cannot find fault with the Opposite Party.

13.    In so far as  the other contention of the Complainant that after 19 days when he had booked for the film "VISHAL" Starrer "ACTION" by Internet which according to the Complainant is the authorized online cinema booking TICKET NEW website for 16.11.2019 at 09.20am, where ticket price including GST was Rs.109.98 with Internet handling fees Rs.25.50 totalling Rs.139/- whereas the Opposite Party is selling two types of  ticket charges i.e., Rs.195/- and Rs.109.98/- and thereby cheating people who visits their theatre and also contended that as per G.O.Ms.No.762 dt.16.10.2017, the Government fixed rate is only Rs.87/- and that the Opposite Party had charged extra amount of Rs.170/- which is to be refunded. As per Ex.A-1, G.O.Ms.N0.762 dated 16.10.2017 the Tamil Nadu Government had revised the rates of admission in theatre as below:  

                                        Rates of admission

                                        Maximum           Minimum

Multiplex                            Rs.150/-             Rs.50/-

A.C.Theatre                                Rs.100/-             Rs.40/-

Non A.C.Theatre                  Rs. 80/-             Rs.30/-

The maximum rate applicable for Multiplex theatre is Rs.150/-. Considering the Opposite Party to be a Multiplex the Opposite Party had charged within the applicable rate for the Movie “Action” which was later changed and the movie Sangathamizhan was screened according to the Complainant. For the contention of collecting extra charge for the Movie “Bigil” at Rs.195/- the Complainant had not substantiated by valid evidence, as mentioned earlier.

14.    Upon perusal of records and careful consideration of the facts and circumstances of the case the Opposite Party had charged as per the rates fixed by the Government, charging of different rates for different movies by the Opposite Parties will not amount to deficiency in service in so far as the rate of the tickets issued by the Opposite Party are within the rates fixed by the Government as the Government itself had fixed the minimum and maximum rates to be charged by the Theatre owner. It is clear that the Complainant had failed to prove by substantial evidence that there is any deficiency in service on the part of the Opposite Party. Therefore, this Commission is of the considered view that the Opposite Party had not committed deficiency of service. Accordingly Point No.1 is answered against the Complainant.

Point Nos 2 and 3:

15.    As discussed and decided in Point No.1 that the Opposite Party has not committed deficiency in service, the Complainant is not entitled for the reliefs claimed in the Complaint or for any other reliefs. Accordingly Point Nos. 2 and 3 are answered.

        In the result, the complaint is dismissed. No costs.

 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 3^rd May 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                        MEMBER I                         PRESIDENT

List of documents filed on the side of the Complainant:-

 

Ex.A1	16.10.2017	Xerox copy of G.O.Ms.No.762, regarding the allotment of ALBERT CINE THEATRE.
Ex.A2	28.10.2019	Xerox copy of Online ticket confirm for BIGIL  Movie.
Ex.A3		Xerox copy of payment paid by through Complainant Bank Account –Pass book.
Ex.A4	29.10.2019	Xerox copy of representation to the Opposite Party with speed post  receipts and delivery report.
Ex.A5	29.10.2019	Xerox copy of representation to the Government authority with Speed post receipts delivery report.
Ex.A6		Xerox copy of website screen print.
Ex.A7	16.11.2019	Xerox copy of ACTION-Movie Online ticket  confirm.
Ex.A8		Xerox copy of Repayment paid by through Complainant bank account –Pass book.
Ex.A9	16.11.2019	SANGATHAMIZHAN- Movie Albert Theatre Ticket

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                                MEMBER I                         PRESIDENT