Chandigarh

DF-I

CC/731/2017

Sunil Kumar - Complainant(s)

Versus

Hometel Chandigarh, A Sarovar Hotel - Opp.Party(s)

Ferry Sofat

01 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/731/2017
Date of Institution	:	17/10/2017
Date of Decision	:	01/10/2018

 

Sunil Kumar S/o Sh. Jagdish Chand Kansal, Resident of House No.3440, Sector 23-D, Chandigarh.

…..Complainant

V E R S U S

Hometel Chandigarh, A Sarovar Hotel, Plot No. 147-148, Industrial Area, Phase-I, Chandigarh – 160002, through its Authorized Signatory.

… Opposite Party

 

CORAM        :	SH.RATTAN SINGH THAKUR	PRESIDENT
	SH.SURESH KUMAR SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh.Ferry Sofat, Counsel for Complainant.
	:	Sh.Deepak Saini, Counsel for Opposite Party.

Per Suresh Kumar Sardana, Member

1.         The facts of the Consumer Complaint, in brief, are that the Complainant availed the Banquet services of the Opposite Party for performing ‘Shagun Ceremony’ on 16.07.2017. All the payments were duly made by the Complainant as per the terms of the contract and long before the actual date of event. It has been alleged that on 16.07.2017 the air conditioning system of Banquet Hall broke down due to which the hosts were compelled to undertake the ‘Shagun Ceremony’ without air conditioners. Embarrassed by the negligent act of the Opposite Party, the Complainant got served a legal notice dated 02.08.2017 upon the Opposite Party, but to no avail.  With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded that the air conditioning system was working properly and in full swing which is evident from the consumption of electricity from 16.07.2017 to 17.07.2017 which is in line with the consumption pattern when the banquet hall air conditioning is on. This clearly proves that the air conditioning system of the banquet hall was in perfect order. The programme went off smoothly. There was no Complaint of any kind on 16.07.2017 the day the function was held in the Banquet Hall. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Parties.
7.         On perusal of the documents placed by the Opposite Party at Annexure OP-1, we find that the consumption of electricity on the dates when Banquet Hall air conditioning is on appears to be uniform. The fact of continuity of consumption of electricity is confirmed by the daily sales report where the consumption of electricity unit on 16.07.2017 (the day when Complainant’s function was held) is on the higher side. This clearly shows that the air conditioning system of the banquet hall was in perfect order and thus, the allegation of the Complainant regarding non-functioning of the air conditioning systems on 16.07.2017 does not appear to be correct. 
8.         The Complaint in his Complaint has alleged that in the scorching heat of month of July, they were compelled to undertake the Shagun Ceremony without air conditioning in the banquet hall booked for the purpose, on account of which they had to face lot of embarrassment in front of the guests who attended the function. However, we are not impressed with the same, in as much as, the Complainant has miserably failed to produce any cogent, convincing and reliable piece of evidence, much less any affidavit from any of the guest who attended the function, to corroborate the same. In the absence of this, the bald assertions of the Complainant cannot be believed. Thus, we find that the whole gamut of facts and circumstances leans towards the side of the Opposite Party. The case is lame of strength and therefore, liable to be dismissed.
9.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Party. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.  
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-		Sd/-
01/10/2018	[Suresh Kumar Sardana]		[Rattan Singh Thakur]
	Member		President
“Dutt”