Order by:
Smt.Aparana Kundi, Member
1. The complainant has filed the instant complaint under section 35 of Consumer Protection Act, 2019 on the allegations that Opposite Party is running a marriage palace under the name and style of IRIS Garden at Zirakpur, S.A.S. Nagar, Punjab. The marriage function of daughter of complainant was celebrated in the said marriage palace on 25.09.2022 and 26.09.2022. The Opposite Party demanded Rs.3,60,000/- as expenditure of food items, drink items, decoration and booking of rooms etc. for the celebration of events for 25.09.2022 and demanded Rs.6,85,000/- for 26.09.2022. The complainant paid Rs.50,000/- as advance through cheque and second cheque of Rs.1,27,000/- was also paid to Opposite Party. Further alleged that the Opposite Party provided the copy of Menu Card by mentioning the food items to be served in both the days of function to the relatives, guests of complainant present at the time of marriage and Opposite Party also assured the complainant that 13 rooms will be given to the complainant for the above said two days to use the same by the relatives of complainant. Further alleged that Inpite of the above said facts Opposite Party had provided very poor services at the time of marriage. The services provided by the Opposite Party as the rooms, caterings were of extremely poor quality. The food served was below Dhaba standard and tasteless and not as per the menu card and even Opposite Party has not issue 13 rooms to the relatives of complainant and issued only 6 rooms which was not hygienic and were in very poor condition having leaking roofs, dirty washrooms and even staff of Opposite Party has not served the food items and drink items as prescribed by Opposite Party in the Menu Card. The food items provided by the staff of Opposite Party at the time of marriage were of low quality. As there are so many well reputed persons/guests were attended the marriage function and few of them were first class officers, Govt. Officials, Senior Professors and Principals of different colleges and the guests of complainant were disappointed and they did not even taken dinner on 26.09.2022 expecting the same quality of food. Management of Opposite Party failed to make alternative arrangement of indoor hall when rain was started on 25.09.2022 i.e. day of Sangeet and Mehandi ceremonies as Opposite Party had given the indoor hall to some other party. The complainant gave Rs.9,77,000/- in lump sum i.e. Rs.8,00,000/- as cash and Rs.1,77,000/- through two cheques to Opposite Party as demanded by them. Inspite of receiving the above said total amount from complainant, the Opposite Party has not provided sufficient services at the time of Sangeet, Mehndi events and marriage function of daughter of complainant, hence there is deficiency in service on the part of Opposite Party. The complainant has also sent legal notice to Opposite Party through his counsel, but to no effect. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Party may be directed to pay the amount of Rs.6,00,000/- alongwith interest @ 24% p.a. till its realization.
b) To pay an amount of Rs.1,00,000/- as compensation on account of mental tension, agony and harassment suffered by the complainant.
c) To pay an amount of Rs.33,000/- as litigation expenses.
d) And any other relief which this Commission deem fit and proper be granted to the complainant in the interest of justice and equity.
2. Opposite Party appeared through counsel and filed written reply taking preliminary objections therein inter alia that the present complaint is not maintainable being false, self contradictory, frivolous, vague, vexatious and baseless one. This Commission has no jurisdiction to hear the present complaint. No cause of action arose under the Jurisdiction of this Commission. The complainant has not come with clean hands. Further averred that as per the mutual agreed terms, all the functions of the marriage ceremony of the daughter of complainant were to be performed at Iris Garden owned and managed by Mohit Gandhi s/o Munish Gandhi. For the same 25th and 26th of September 2022 were booked for performing the function and after much discussion, it was settled that entire expenses for two days for the wedding would be Rs.10,36,000/- and after giving the discount of Rs.1,01,000/- total cost for the wedding function was settled at Rs.9,35,000/- plus 18% GST and thereafter complainant booked above said marriage palace and also paid Rs.50,000/- as advance on 11.08.2022 and Rs.1,27,000/- on 23.09.2022 as full venue payment. Further averred that Opposite Party performed to the best of his ability and delivered as per the promises made and as mentioned in the Menu Card and happily contended with the services of Opposite Party, complainant has made a further payment of Rs.4,00,000/- on 25.09.2022 as Vendor payment and also paid further vendor payment of Rs.4,00,000/- on 26.09.2022. Further averred that during the course of wedding, daughter of complainant namely Riya Sharma raised demand of sets of roses, bunches of gypsy and Mist Fans from Opposite Party. Then Opposite Party immediately arranged the same and intimated to complainant that the same would be charged extra and would be cost Rs.16,500/-. At that point of time, complainant agreed to clear the cost at the time of final payment. Believing his assertions, Opposite Party without insisting on advance payment, immediately accepted to the request of daughter of complainant. On 26.09.2022, after the wedding functions were over, the complainant had cleared the amount as agreed upon and requested to Opposite Party that remaining extra payment of Rs.16,500/- would be made in a couple of days. Further averred that on the next day, Opposite Party raised demand of Rs.16,500/- in order to settle the outstanding dues, but the complainant has not paid the said amount and started harassing the Opposite Party and to save the abovesaid amount of Rs.16,500/- complainant has scooped down to such a level that he without any reason has started finding faults with the services. The conduct of complainant while filing the present complaint clearly amounts to the malafide intention of complainant. Further averred that there is no deficiency in service on the part of the Opposite Party. On merits, all other allegations made in the complaint are denied and a prayer for the dismissal of the complaint is made.
3. Complainant filed replication to the written reply of Opposite Party denying the objections raised by the Opposite Party in its written reply.
4. In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C7, Certificate u/s 65-B Indian Evidence Act Ex.C8, Pen Drive Ex.C9 and copy of Account Ledger Inquiry Ex.C10.
5. To rebut the evidence of complainant, the Director of IRIS Garden i.e. Opposite Party tendered in evidence his affidavit Ex.OP1 alongwith copies of documents Ex.OP2 to Ex.OP9
6. We have heard the Complainant and have carefully gone through the evidence on record.
7. In brief, as per version of the complainant, he booked the marriage palace of Opposite Party for performance of marriage ceremony of his daughter and this fact is not disputed by the Opposite Party. Complainant has come with the allegations against the Opposite Party that the services assured were not provided at the marriage ceremony by the Opposite Party. Complainant has come with the version that food served was below dhaba standard and tasteless and not as per the menu card but on these allegations, the complainant cannot be held entitled to any relief. There cannot be any yardstick to measure the actual taste of food to be good or bad. Taste of food varies from person to person. The matter would have been different if the complainant had alleged that the food provided at the marriage ceremony was not fit for human consumption. The food was not tasty, happens to be a completely vague allegation, even photography or videography of the food served at the time of marriage ceremony has not been placed on record by the complainant to make any kind of assessment about the quality of food served by the Opposite Party. Thus, there being nothing concrete on record to support the allegations of poor quality of food served by the Opposite Party, the same stands demolished.
8. The other objection of the complainant is that rooms were untidy and washrooms were dirty. Again complainant has failed to place on record any cogent and convincing evidence, which shows that rooms were dirty and having leakage. He has not produced on record photographs of rooms/washrooms which were provided to the relatives of the complainant during their stay. Rather while booking the marriage palace, the complainant and his family should have inspect the condition of rooms/washrooms of the palace. Lastly, there is no substantial proof placed on record regarding the service and food provided to the guests. These are the vague allegations made by the complainant. He has not placed on record concrete, solid and unimpeachable evidence.
9. We have also heard the conversation placed on record by complainant Ex.C9 i.e. Pen Drive. The conversation between the complainant’s relative and owner of the IRIS Garden Mohit Gandhi was recorded in it and from the said conversation, the deficiency in service on the part of the Opposite Party has not proved. Throughout the conversation both were remained humble and there were no heated arguments. Rather Opposite Party has tried to give best services to the complainant. Moreover, this conversation is nothing, rather the routine feedback by the complainant after the event.
10. Sequel to the above discussion, we dismiss the complaint of the complainant due to lack of evidence. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost. File be consigned to record room after compliance.
Announced in Open Commission.
