Chandigarh

DF-I

CC/100/2018

Amit Chaudhary - Complainant(s)

Versus

M/s Blue Ice and 5 Degree Party Club - Opp.Party(s)

In Person

27 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/100/2018
Date of Institution	:	19/02/2018
Date of Decision	:	27/03/2019

 

Amit Chaudhary son of Shri Hoshiar Singh; Abhinav Sharma son of Late Shri Chander Parkash Sharma and Gaurav Rana son of Shri Yashpal Rana, Residents of H.No.872/1, Sector 40-A, Chandigarh-160036.

…..Complainants

V E R S U S

 

M/s Blue Ice and 5 Degree Party Club, SCO No.7, Sec. 17-E, Chandigarh, through its Manager.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

 

ARGUED BY	:	Ms. Ritu, Vice Counsel for Sh. Harsh Nagra, Counsel for Complainants.
	:	Sh. Mohit Kakkar, Counsel for Opposite Parties.

 

PER Surjeet Kaur, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are that the Complainants approached the Opposite Party for organizing the day and night parties on X-mas and the New Year Eve on 25.12.2017 and 31.12.2017. It was told by the Opposite Party that they would charge a sum of Rs.7,70,000/-. An agreement was also executed between the Complainants and Opposite Party (Annexure C-A/1). As per agreement, upon making complete payment, the Opposite Party was to provide the unlimited branded whisky i.e. Black Dog, unlimited beer, unlimited Vodka, unlimited Soft Drinks, two unlimited Veg Snacks and two unlimited Non-Veg Snacks. The Complainants fulfilled their part, as per agreement, but the Opposite Party breached the terms & conditions thereof by serving mixed brand whisky i.e. Royal Challenge instead of serving Black Dog. Besides this, even the snacks were not properly served and there were shortage of snacks while the event was going on. According to the contract, the Opposite Party was to serve unlimited beer and soft drinks, but there were no supply of beer and soft drinks for at least 1 hour while the event was going on. Due to the poor services provided by the Opposite Party, even the customers demanded their money back from the Complainants, on account of which the Complainants had to face lot of difficulties as well as suffered a huge monetary loss. Eventually, a written notice dated 04.01.2018 was served upon the Opposite Party for taking legal action against the Opposite Party as well as for the refund of Rs.10 lakhs, but to no success. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party contested the complaint and filed its reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Complainants were bound to pay the agreed amount of Rs.7,70,000/- under the Agreement dated 13.11.2017 (Annexure C-A/1); whereas they had paid total amount of Rs.4,24,300/- only. Thus, the balance amount recoverable from the Complainants was Rs.3,45,700/-. It has been denied that the Opposite Party had not fulfilled the terms & conditions of the Agreement or had not served the snacks and drinks properly, as alleged and also not maintained the required stocks of the drinks as well as of snacks. It has been asserted that on being requested to pay the balance amount, the Complainants have filed the present Consumer Complaint with malafide intentions. Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on its part, opposite party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and have also heard the arguments addressed by the Ld. Counsel for the Parties.
6.         Through the present Complaint, it is alleged by the Complainants that the Opposite Party failed to fulfil its promise and breached the terms & conditions of the Agreement of giving proper services during the parties which the Complainants arranged by seeking the services of the Opposite Party on 25.12.2017 and 31.12.2017 respectively. As per the Complainants, they paid an amount of Rs.5,00,000/- in cash, Rs.1,80,000/- by Swipe Machine and Rs.50,000/- by book my show as Sponsor. Basically, in the present Complaint, it has been alleged by the Complainants that the liquor agreed was Black Dog and instead the Opposite Party served Royal Challenge which is a liquor of the lower cost. It also has been alleged that the service of the Snacks was not proper and hence is the present Complaint.
7.         The perusal of the file reveals that as per Annexures C-1 to C-3 the Complainants paid Rs.1,20,000/-, Rs.50,000/- and Rs.40,000/- respectively, on three occasions. Apart from this, there is no other evidence on record to show that the Complainants had made any further payments, as alleged by them in the Complaint. Also, there is nothing on record to substantiate that the services provided by the Opposite Party was improper.
8.         Pertinently, in the entire Complaint, the Complainants have nowhere stated that for what purpose the parties were arranged. Even in its written statement, the Opposite Party has categorically alleged that the Complainants had booked the premises for the purpose to get the business by selling the entry tickets which is purely a commercial activity. This has nowhere been rebutted or contradicted by the Complainants either during the proceedings of the case or by filing rejoinder. Since, the Complainants are engaged in commercial activity, to gain huge profits, they do not fall within the definition of a consumer under the provisions of the Consumer Protection Act, and consequently, the consumer complaint is not maintainable.
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 Parties. 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/-	Sd/-
27/03/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”