BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.24/2018

DATED ON THIS THE 8^th August, 2019

      Present:   1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri C.V.MARAGOOR,

President

1.       This complaint is filed by Sri M.Swamy resident of Mysuru to direct the opposite party Nos.1 and 2 Smt.Bharati owner of Bharati Mini Convention Hall and Sri V.Vishwanath, Incharge Head of Bharathi Mini Convention Hall  to pay compensation of Rs.46,100/-.
2.       The complainant had booked the Bharathi Convention Hall on 20.09.2017 for the naming ceremony of his grandson which was scheduled on 29.10.2017.  The opposite party No.1 has charged Rs.15,000/- towards rent, kitchen materials, gas cylinder, electricity, water, cleaning charges and another Rs.5,000/- refundable deposit.  On 29.10.2015 at 6.30 AM the complainant took charge of mini convention hall from opposite party No.2 then he found terrible smell in the bathroom, unhygienic kitchen, uncapped gas cylinder and untidy maintained function hall.  The opposite parties did not attend the grievance of complainant then the complainant has managed the situation and got clean the premises with the aid of his relatives etc., and completed the function. The complainant has asked to provide alternative cylinder or arrange additional cylinder from outside when he had faced the shortage of gas fuel at the last moment.  The opposite parties have provided the additional gas cylinder to the complainant and later has used of it for ten minutes.  The opposite parties have deducted Rs.1,100/- towards additional cylinder and refunded Rs.3,900/-, for issuance of extra cylinder for just 10 minutes.  Hence, the complainant has filed this complaint making allegations of unfair trade practice and deficiency in service.
3.      The opposite party No.1 after put in appearance was expired on 26.04.2018.
4.      The opposite party No.2 filed written version denying the entire allegations made in the complaint with regard to bad smell coming from bathroom, unhygienic condition of function hall etc.,  The opposite party No.2 has admitted that complainant has booked mini function hall for naming ceremony of his grand son and they have charged Rs.5,000/- +  GST as rent, Rs.3,000/- towards electricity and generator charges, Rs.1,100/- for one commercial gas cylinder, Rs.2,000/- cleaning charges and Rs.3,000/- for chairs and vessels and etc.,.  The opposite parties have provided additional cylinder by taking from the gas agency on paying Rs.1,100/-.  The opposite parties have returned Rs.3,900/- after deducting the cylinder charges of Rs.1,100/-.  There is no deficiency in service by this opposite party and the convention hall has been maintained clean and they have provided good service to the complainant and others.  The complainant being retired ASI and practicing advocate has filed this false complaint to harass the opposite parties.

5.      The complainant filed affidavit in lieu of evidence and produced six documents in support of their case.  The opposite party No.2 filed affidavit evidence in lieu of evidence and produced six documents including 32 photos of the convention hall. 

6.       We have heard the arguments advanced by the learned counsel for the complainant and opposite party No.2 in addition to their written arguments and the  points that would arise for determination are as under:-  

1. Whether the complainant proves that the opposite parties have not kept the mini convention hall in hygienic condition and provided uncapped gas cylinder and thereby played unfair trade practice and their act amounts to deficiency in service?
2. Is complainant entitled to the compensation, refund of cylinder charges for its usage hardly 10 minutes?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative;

Point No.2 :- In the negative for the below;

:: R E A S O N S ::

8.         Point Nos.1 and 2:- The learned counsel for the complainant vehemently argued that the opposite parties have not kept the function hall in hygienic condition and provided uncapped gas cylinder and also their behaviour and attitude was not good when asked for service.  As against this, the learned counsel for the opposite party No.2 argued that opposite party No.2 is only incharge head of the convention hall and the complainant has not placed any material to show that the convention hall was in unhygienic condition and provided uncapped gas cylinder.

9.         The opposite party No.1 was passed away three months after filing this complaint and before filing version.  The legal representative of opposite party No.1 has not brought on record.  The opposite party No.2 has not disputed booking convention hall by the complainant by paying Rs.15,000/- as rental and other charges and Rs.5,000/- as refundable deposit for naming ceremony of his grand son.  The opposite party No.2 has produced original receipts for collecting Rs.15,000/- +  Rs.1,100/- as additional gas cylinder charges from the complainant.  That apart from the opposite party No.2 has produced 32 photos of convention hall.  The initial burden is on the complainant to show that on 29.10.2017 when he had entered the convention hall to celebrate the naming ceremony of his grand son, the function hall was in unhygienic condition and uncapped gas cylinder was provided by producing photos or other materials. 

10.      The complainant has produced only list of vessels received for cooking on 29.10.2017 at 6.30 AM and along with gas cylinder and on which he would have made endorsement that the convention hall is in unhygienic condition and cylinder is uncapped.  Except bare and bald allegations with regard to bad smell of bathroom, unhygienic condition and providing uncapped gas cylinder, the complainant has not placed any iota of evidence.  Thus, the complainant has failed to prove the deficiency in service by the opposite parties. 

11.        The complainant further alleged that the opposite parties have collected Rs.1,100/- for additional gas cylinder used for just ten minutes.  It is the case of opposite parties that they have got brought the additional gas cylinder from gas agency by paying necessary charges of Rs.1,100/- since it was used for commercial purpose and unused cylinder cannot be returned back to the complainant. On the contrary it should be returned to the gas agency.  Therefore, there is no unfair trade practice by the opposite parties by deducting Rs.1,100/- towards additional gas cylinder charges out of the refundable deposit amount of Rs.5,000/-. The complainant has not lodged any complaint against the opposite parties for their rude behaviour when they demanded services from them.  Therefore, the complainant is not entitled for compensation for the alleged mental agony and sufferings. For the forgoing reasons, we proceed to pass the following

:: ORDER ::

1. The complaint filed by Sri M.Swamy is dismissed without costs.
2. Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 8^th August, 2019)