BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.312/2022

DATED ON THIS THE 28^th FEBRUARY-2023

Present:        1) Sri. B.Narayanappa,

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s pronounced by Sri. B.NARAYANAPPA,

                                                               PRESIDENT

1. The complainant Mr. B.R. Jagadeesh resident of Bangalore has filed this complaint against the OP No.1 Mrs. Roshni Kurup, OP No.2 Mr. Jacob and OP No.3 The Hue Story all are residents of Bengaluru u/Sec.35 of the C.P. Act, 2019 praying to direct the OPs to pay an amount of Rs.5,00,000/- as compensation for deficiency in service and unfair trade practice and mental agony caused to complainant and cost of the litigation and such other reliefs as this Commission deems fit to grant under the facts and circumstances of this case

2.  The complainant was planning his daughter’s wedding and was looking for a wedding planner.The OPs represented themselves as reputed wedding planners, who provide various services relating to wedding planning and organization including floral, fabric and lighting decorations, generators, overall event management and execution, design and décor, hospitality and logistics.Based on the promise made by OPs, the complainant decided to engage their services as wedding planners.On 21.02.20231, the OPs provided a wedding design “moodboard” with design options for the various wedding events.The complainant, his wife and their daughter spent several hours with OPs to choose and customize the designs from the “moodboard” and to plan and finalize every minute aspect of the wedding.The OPs convinced the complainant and his family that the décor and designs shown in the “moodboard” represent the actual quality and standard will be delivered.The wedding events were held on 24.11.2021 and 25.11.2021, Sangeet event on 24.11.2021 and lunch on 25.11.2021 were hosted at an estate bungalow owned by complainant’s relatives and Muhurtham ceremony took place at Taj Madikeri Resort, Coorg. The OPs are responsible for management and execution of all the events on 24.11.2021 and 25.11.2021 and promised to make the wedding functions grand, memorable and the OPs charged hefty amount of Rs.14,58,000/- for their services.The complainant agreed the price fixed by the OPs and paid the amount of Rs.14,58,000/- to the OPs in three installments i.e., Rs.70,000/- on 16.03.2021, Rs.7,00,000/- on 29.10.2021 and Rs.6,88,000/- on 20.11.2021 and also the complainant provided two rooms for their accommodation for their stay costing Rs.39,000/-.The planning and discussions started as early as in the month of February 2021.Despite having paid such a premium amount, the complainant was dismayed and distressed by the quality of services he received.Some of the grievances of the complainant are that, the OP failed to provide 50 pieces of the flower décor that was agreed to be provided on the lunch tables on 25.11.2021 which were charged at Rs.7,85,000/-.The photographs showing the lunch tables on 25.11.2021 for which flower décor is missing.The OPs agreed to provide jute masking of food counters in the Sangeet event held on 24.11.2021 but, not provided.But only half the quantity of the agreed foliage arrangement was provided on the sides of the food counters.These food counter items were charged at Rs.48,000/- separately and the agreement was that, real flowers would be used for the decoration everywhere but, the OPs used plastic flowers on the main stage during the Sangeet event on 24.11.2021.Large lights were agreed to be provided around the trees in the front, back and sides of the estate bungalow but, were not provided and it was agreed that the walkway to the main wedding mandap would be linked with pink and red roses.However, wilted flowers were used for the walkway.The wedding preparations started on 22.11.2021.The OP No.1 was present at the venue.The OP No.2 was the key operations person was not present as he fell sick.This made extremely chaotic for the complainant and his family to get the decorations and work completed.Further, the decorations were not acceptable to the complainant such as decorations for the food counters at the Sangeet event and use of plastic flowers for which the OPs could be accountable.The lighting provided by the OPs was highly dissatisfactory.The wedding events were chaotic and mismanaged.The decoration was insufficient in some places and of a poor quality in some other places.The complainant was unhappy with the decoration and event management provided by the OPs.Hence, they are liable for deficiency of services and unfair trade practice.The complainant contacted the OPs on several occasions via phone, whatsApp and e-mails to discuss the deficiency in service rendered by them, but OPs did not care to respond to the complainant.As such, the complainant could not celebrate the wedding of his only daughter in a manner befitting which results in disappointment and mental agony to the complainant.Therefore, on 14.06.2021 a legal notice was issued to OPs calling upon them to pay Rs.5,00,000/- for deficiency in service and unfair trade practice but, no response from the side of OP.Hence, this complaint.

3. After registration of this complaint, notices were ordered to be issued to OPs.In spite of service of notice upon OPs, they doesn’t turn up.Hence, they were placed ex-parte.

    

4. The complainant has filed his affidavit by way of examination in chief and same was taken as PW-1 and got marked Ex.P.1 to Ex.P-21.Heard the arguments complainant’s counsel

5. The points that would arise for our consideration are as under:

1. Whether the complainant proves the alleged deficiency in service on the part of the opposite parties and thereby he is entitled to the reliefs as sought for?

2.  What order
6. Our findings on the aforesaid points are as follows

      Point No.1:- Partly in affirmative.

      Point No.2:- As per final order

                         for the following:

:: R E A S O N S ::

7.    Point No.1:- It is the specific contention of the complainant that, complainant was planning his daughter’s wedding to be performed on 24.11.2021 and 25.11.2021 in Coorg and the Sangeet event was on 24.11.2021 and the lunch on 25.11.2021 were hosted at an estate bungalow owned by complainant’s relatives and Muhurtham ceremony took place at Taj Madikeri Resort, Coorg on 25.11.2021.  The OPs themselves represented as experienced and reputed wedding planners agreed to provide various services such as floral, fabric and lighting decorations, generators and overall event management. Based on the promise and representation made by the OPs, the complainant agreed to engage their services.  On 21.02.2021, the OPs provided a wedding design “moodboard”,  the complainant, his wife and their daughter spent several hours with OPs to choose and customize the designs from the “moodboard” and finalized the same and the OPs have charged Rs.14,58,000/- for their services.  The complainant agreed to pay the same and paid the said amount to OPs, but the OPs not provided the services to the satisfaction of the complainant and the OPs failed to provide 50 pieces of the flower décor on the lunch tables on 25.11.2021 costing Rs.7,85,000/- and they did not provide jute masking of food counters in the Sangeet event held on 24.11.2021 but, only half of the quantity of the agreed foliage arrangement was provided and they used plastic flowers for the decoration everywhere and they agreed to provide with pink and red roses to the walk way to the main Mandap but, they used wilted flowers (decade flowers).  These shortcomings made the complainant and their family members disappointed, dissatisfied and distressed and totally the complainant not satisfied with the wedding arrangements and flower decorations and other arrangements such as lighting and usage of plastic flowers instead of real flowers provided by the OPs.  As such, the complainant was totally disappointed which results in causing mental agony to the complainant.  Therefore, it is alleged deficiency in service and unfair trade practice on the part of the OPs.  Hence, it is the contention of the complainant that, due to lack of services provided by the OPs, they are liable to pay compensation of Rs.5,00,000/-.  The complainant got marked design “moodboard” at Ex.P-1 which shows that, as per the wedding design “moodboard”, the OPs agreed to provide decorations such as flower décor, lighting and other decorations as reflected in the photographs contained in Ex.P-1 and the complainant also produced wedding card of his daughter marriage which was performed on 24.11.2021 and 25.11.2021.  Therefore, it is not in dispute that, the marriage of the daughter of the complainant namely Apoorva with Shiva was performed on 24.11.2021 and 25.11.2021 at Madikeri (Coorg).  Ex.P-3 is the estimate given by the OPs for the flower decoration as per Ex.P-1, the “moodboard”.  Ex.P-3, the estimate shows that, the total amount was Rs.14,58,000/- and the complainant had paid advance amount of Rs.70,000/- and also it shows the receipt of Rs.7,00,000/- by the OPs and showing the payment due at Rs.6,88,000/-.  Though the complainant has stated in the complaint that, the OPs agreed to provide the flower decoration and other arrangements in the marriage at a total cost of Rs.14,58,000/-  and he paid the said amount to the OPs but, Ex.P-3 the estimate reflects only the payment of Rs.7,70,000/- to the OPs out of Rs.14,58,000/- and the payment due was Rs.6,88,000/-.  The complainant has not produced any receipts showing that, he paid a total amount of Rs.14,58,000/- to the OPs except the estimate showing payment of Rs.7,70,000/- and the complainant also got marked Ex.P-4 to P-10, the photographs showing flower arrangement and other decorations provided by the OPs in the marriage of the daughter of the complainant which was held on 24.11.2021 and 25.11.2021.  The flower decoration and other marriage arrangements provided by the OPs are not tallied with the “moodboard” as agreed by the OPs the services to be provided as mentioned in Ex.P-1, the “moodboard”.  But, there is a lot of difference comparatively mentioned in Ex.P-1 and the services provided by the OPs shown in the photographs at Ex.P-5 to 10 and the photographs of the marriage of the daughter of the complainant shows that, the OPs failed to provide 50 pieces of the flower décor on the lunch tables on 25.11.2021 and jute masking of food counters in the Sangeet event held on 24.11.2021 and usage of plastic flowers instead of real flowers as agreed by the OPs and the lighting arrangements were also not properly provided as agreed by the OPs in “moodboard” at Ex.P-1.  So, the photographs produced by the complainant taken in the marriage of his daughter clearly shows that, there are shortcomings in the services provided by the OPs as agreed by them as per Ex.P-1, the “moodboard”.  Therefore, it is crystal clear that, OPs have failed to provide the flower decoration, designing and other decorations as agreed by them in the marriage of the daughter of the complainant which was held on 24.11.2021 and 25.11.2021 at Madikeri (Coorg) which results in causing mental agony and dissatisfaction to the complainant and his family members.  Therefore, we are of the considered view that, the OPs have committed deficiency in service and unfair trade practice in not providing services as agreed by them as per Ex.P-1 to the satisfaction of the complainant and his family members, for which they are liable to pay compensation, damages and cost to the complainant.   Hence, we answer point No.1 partly in the affirmative.

8. Point No.2:- For the aforesaid reasons, we proceed to pass the following:

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The OPs are hereby directed to pay Rs.2,00,000/- as compensation to the complainant along with interest at 10% p.a within two months from the date of this order till payment. 

3. Further, the OPs are liable to pay damages of Rs.50,000/- for mental agony and deficiency in service and unfair trade practice committed by the OPs and Rs.5,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, the damages of Rs.50,000/- + cost of litigation Rs.5,000/- totally R.55,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

5. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 28^th February 2023)