IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ERNAKULAM
Date of filing : 06.06.2015
Date of order : 25.03.2023
PRESENT:
Shri.D.B.Binu President
Shri. V.Ramachandran Member
Smt. Sreevidhia T.N Member
C.C.No.344/2016
COMPLAINANT
Fr.Skariya Thelappilly. Thelappilly House, Puliyanam Ankamaly, Ernakulam District. Rep. by his Power of Attorney Rajan Varghese , S/o.Varghese, Thelikkadan House, Poickattussery, Chengamanad Post, Aluva Taluk, Ernakulam District.
(By Adv.Sunil Kuriakose, Sub Jail Road, Aluva-1)
Vs.
OPPOSITE PARTY
Antony David, Manager F & B, Adlux Medicity and Convention Centre Ltd., Karukutty Post, Ankamaly Ernakulam District, Pin-683 576
(AdvVakkom N.Vijayan, Midhila, Rajaji Road, Kochi-35)
F I N A L O R D E R
Sreevidhia T.N., Member
1) A brief history of the complaint is as stated below:
The complainant is a priest delivering his religious duties in USA. In connection with the marriage of the son of the complainant, which was scheduled on 16.01.2016, the complainant booked the hall named Adlux Medicity and Convention Centre Ltd. at Karukutty. There was a written agreement between the complainant and the opposite party for the usage of the above said hall. As per the agreement dated 30.09.2015, the opposite party has agreed to provide various food items which included main course. Appam, Roti, Mutton Stew, Butter Chicken, Paneer butter Masala, Mutton Biryani, Kerala Rice, Mango curry, Chicken 65, Kalan, Thoran, Fish curry and Beef with coconut along with Black forest ice creams and other 5% of Vegetarian food. The menu included sufficient mineral water and pineapple juice, Musambi juice and mint too. The rate of single plate per head was fixed to Rs.850/- and the total amount was agreed to be Rs.637500/- for 750 people. An advance of Rs.100000/- was paid by the complainant on the date of agreement. As per the further discussions, the number of persons was increased to 900. On 13.01.2016, the balance amount of Rs.6,68,000/- was paid by the complainant to the opposite party. The opposite party has charged Rs.850/- per head for the additional 150 numbers which is prima facie highly excess. Since the food items served costs only half of per head charge and the balance is charged as the rent of the hall and other amenities. Thus the opposite party had charged an excess amount from the complainant for the additional 150 numbers.
The complainant alleges that on 16.01.2016 the function started at 1 pm and five counters including one vegetarian counter has started at 1.30 pm only. The juice counter has been closed within fifteen minutes and more than 500 people were not served with food. Two of the food counters have been closed by 2 ‘o clock. No drinking water has been served after 2 ‘0 clock. Then the employees of the opposite party filed tap water in the jar and served it in the auditorium when the agreement was to serve mineral water.
The exact number of person attended the function was between 750 and 800 only. More than 200 persons were not served with food. The opposite party has leased the work with other catering unites for the supply of the food. The complainant states that the violation of the agreement states that the violation of the agreement from the opposite party’s side has seriously affected the reputation and status of the complainant and his son. The opposite party has completely ignored the complainants concerns. By violating the agreement the opposite party has incurred an actual loss of Rs.250000/- to the complainant. The damage caused to the complainants reputation by the opposite party and the excess amount charged on the additional 150 are apart from it. The complainant had sent a lawyer notice to the opposite party on 03.02.2016 and the opposite party has replied to it with false contentions. The conduct on the part of the opposite party amounts to deficiency in service to the complainant. Hence this complaint.
2) Notice
Notice was issued to the opposite party from this Commission on 27.08.2016. Upon notice, the opposite party appeared and filed their version.
3) Version of the opposite party
It is admitted that the marriage was on 16.01.2016. But the complainant raised allegation only on 19.01.2016. Thus he took 3 days’ time to complain. This complaint is filed so as to grab money from the opposite party by illegal methods.
It is not a dispute that the charges to be levied for the supply of food was Rs.850/- per head. Initially the number of persons to be served the food was fixed as750. Thereafter the complainant informed the opposite party that they want to serve food to 150 guests also. As per the usual practice charges are levied as per the same rate of 850 to the additional guests also. There is no illegality or impropriety in calculating the same rate originally agreed.
The food was served as per the desire of the complainant. The marriage function started late and foods were served by 1.30 onwards. The juice counter was opened upto 3’ 0 clock. All items including sufficient quantity of mineral water and juice was served to guests who dun anded the same.
The allegation that the foods were not served to 200 persons is a blatant …. In fact there was excess food which was taken by the complainant and his family through the power attorney holder of the complainant. The opposite party has full filled their part of contractual obligation in all respect without committing any default. The opposite party entrusted the preparation of foods to competent caters very popular in and around Ernakulam and Thrissur Districts. All complaints now raised regarding the quality of food supplied, charges levied in excess are made only after 3 days of the marriage that is after enjoying the food without even a whisper. The opposite party has not violated any of the conditions incorporated in the agreement. The complainant is not entitled to claim any amount from the opposite party. There was omission on the part of the opposite party is absolutely false. The entire averments in the complaint is frivolous, vexatious and with malafide intentions. The complainant has approached this Commission with unclean hands.
4) Evidence.
Evidence in this case consists of the documentary evidence filed by the complainant which are marked as Exbt.A1 to A7. The power of attorney holder of the complainant Mr.Rajan Varghese examined as ‘PW1’ by the opposite party’s counsel. One Mr.Prasad, S/o.Krishnankutty filed proof affidavit and was examined as ‘PW2’.
The opposite party also filed proof affidavit. Exbt.B1 to B8 marked from the side of the opposite party. Opposite party is cross examined by the complainant and his depositions are recorded as ‘DW1’.
Heard.
5) The points came up for consideration in this case are as follows:
1) Whether any deficiency in service or unfair trade practice is proved from the side of the opposite party towards the complainant?
2) If so, reliefs and costs?
For the sake of convenience we have considered issue Nos. (1) and (2) jointly.
The case of the complainant is that he had booked a hall named Adlux Medicity and Convention Centre Ltd. at Karukutty for the preparation and serving of food in connection with the marriage of the son of the complainant on 16.01.2016 and the opposite party has not served food to 200 persons among 800 attended and thus the opposite party had a gain of 300 members and thus the complainant had occurred an additional amount of Rs.250000/- as damages by the action of the opposite parties. Exbt.A1 is the original power of attorney issued by the complainant in the name of Mr.Rajan Varghese. Exbt.A2 is the agreement of estimation dated 30.09.2015. The opposite party has agreed to produce A/c hall non vegetarian food. As per the agreement the opposite party has agreed to provide various food items Main Course, Appam, Roti, Mutton stew, Butter chicken, Paneer Butter Masala/Mutton Biryani, Kerala Rice, Mango curry, Chicken 65, Kalan, Thoran, Beef with coconut along with Black forest cake, ice creams and other 5% of vegetarian food. The rate of single plate per head was fixed as rs.850/-. The total amount agreed was Rs.637500/- for 750 persons. The opposite party has received the full amount from the complainant as per the agreement and the opposite party had acknowledged it through Exbt.A3 receipt. The complainant alleges that at the time of agreement the opposite party offered that food will be prepared by the opposite party’s catering unit which is not fulfilled by the opposite party and more than 200 persons attended the function were not served with food and thereby violating the agreement and the opposite party had incurred an actual loss of Rs.2,50,000/- to the complainant. The complainant sent a lawyer notice to the opposite party on 02.02.2016 through his advocate asking to pay an amount of Rs.250000/- towards the actual damage and Rs.100000/- towards the damage caused for the complainant’s reputation and goodwill. The opposite party had accepted the lawyer notice and the opposite party had replied to this lawyer notice through Exbt.A7 lawyer notice dated 16.02.2016.
The opposite party also produced 9 documents which are the photographs in connection with the wedding of the complainant’s son.
We have perused the allegations raised by the complainant in his complaint, evidence and documents from both sides, version filed by the opposite party in detail.
The complainant’s main allegations regarding the preparation and serving of food on the occasion of the marriage of the complainant’s son are as follows:
1) The food was booked originally for 750 persons and then the number of persons to be served with food is increased to 900 as per the request of the complainant. The opposite party had charged the same rate for 150 persons also. The opposite party had charged Rs.850/- per head for additional 150 number which is highly excess since the food items served costs only half of the per head charge and the balance is charged as the rent of the hall and other amenities.
2) The function started at 1 pm and five counters including one vegetarian counter has started only at 1.30 pm. The juice counter has closed within 15 minutes and more than 500 people were not served with food. No drinking water has served after 2 ‘o clock. The employees of the opposite party filled Tap water in the jar and served it in the auditorium.
3) At the time of agreement the opposite party had offered that food will be prepared by the catering unit of the opposite party and which is not fulfilled by the opposite party. The complainant alleges that the opposite party had subleased the catering work with other catering units.
4) The quality of food was not good. There was shortage of deserts, cakes and mineral water.
The opposite party’s contention is that the rate agreed upon per guest was Rs.850/- per head. As per the usual practice followed the opposite party there is no illegality or impropriety in calculating the same as originally agreed and the food were served on 16.01.2016 from 12.30 noon onwards.
Except for the averments raised by the complainant, he has failed to establish his case by producing sufficient documents. The complainant alleges that the opposite party had subleased the work. But no evidence produced by the complainant to prove this fact. As per the photographs produced by the opposite party, there is mineral water and juice was supplied to the guests.
The prime contention of the complainant is that around 200 persons among 800 attended have not been served with food. On a thorough evaluation of all the available documents and evidence filed from both sides, we are of the opinion that the complainant has failed to establish his case with sufficient documents. No deficiency of service or unfair trade practice is proved from the side of the opposite party towards the complainant by verifying the available documents filed by the complainant. Hence the Point Nos. (i) and (ii) are not in favour of the complainant.
Accordingly, the complaint is dismissed with no costs.
Pronounced in the open Commission on this the 25th day of March 2023
Sd/-
Sreevidhia T.N., Member
Sd/-
D.B.Binu, President
Sd/-
V.Ramachandran, Member
Forwarded by order
Assistant Registrar
APPENDIX
Complainants Exhibits
Ext. A1 | :: | Original power of Attorney |
Exbt. A2 | :: | True copy of agreement of estimation dated 30.09.2015 |
Exbt.A3 | :: | Receipt |
Exbt.A4 Exbt.A5 | :: | Lawyer notice Postal receipt |
|
Exbt.A6 | : | Postal acknowledgment card |
Exbt.A7 | | Lawyer notice |
Opposite party’s Exhibits :
Exbt. B1 to B8 | : | Photographs of marriage function |
Depositions :
PW1 :: Rajan Varghese
PW2 : Prasad
DW1 :: Antony David
