Haryana

StateCommission

A/413/2019

VARUN KAUSHIK - Complainant(s)

Versus

R.N.CINEMAS - Opp.Party(s)

BY POST

17 Feb 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                 

                                                         First Appeal No.413 of 2019

                                                 Date of Institution: 26.04.2019

                                                        Date of Final Hearing: 17.02.2023

Date of pronouncement: 15.03.2023

 

Varun Kaushik S/o Sh.Ashok Kumar R/o Preet Vihar, Near New Haryana Sr. Sec. School, Rohtak 124001, Age 27 years, Mob.No.7015188955.

…..Appellant

Versus

R N Cinemas through its proprietor, R N Central Mall, 1283-84/29, Above Mcdonalds, Delhi Road, Model Town, Rohtak 124001, Ph.No.09812996947.

…..Respondent

CORAM:    Mr.S.P.Sood, Judicial  Member

                    Mr. Suresh Chander Kaushik, Member

                   

Present:-    Mr.R.K.Narang, Advocate for the appellant.

 

                                                 ORDER

S P SOOD, JUDICIAL MEMBER:

          The present appeal No.413 of 2019 has been filed against the order dated 15.04.2019 of the District Consumer Disputes Redressal Forum, Rohtak (Now In short “District Commission”) in consumer complaint No.465 of 2018, which was dismissed.

2.       The brief facts of the case are that  On 17.08.2018, the complainant purchased four movie tickets for Rs.480/- from the opposite party (OP). The seats were offered to them in the cinema hall in damaged condition. However despite complainant having voiced his annoyance with regard to the damaged seat, OP refused to change the seat.  Even the toilets were in bad shape and totally unclean. There was no water supply in these toilets. The air conditioning system was also not in working condition.  The OP also charged over and above what was mentioned as maximum retail price over certain packaged food items. All these acts of the OP were  clearly against the interests of the consumers.  Thus there being deficiency in service on the part of the OP, hence the complaint.

3.      OPs were proceeded against ex parte vide order dated 25.01.2019.

4.      After hearing both the parties, the learned District Commission, Rohtak has dismissed the complaint vide order dated 15.04.2019.

5.      Feeling aggrieved therefrom,  the complainant has preferred this appeal.

6.      This argument were advanced by Mr.R.K.Narang, Advocate for the appellant. With his kind assistance the entire record of the appeal including the evidence already led on behalf of  the complainant has also been properly perused and examined.

7.      Learned counsel for the appellant vehemently argued that  the respondent has charged more than what was mentioned as MRP from the complainant over some packaged food articles and had also refused to provide any bill. The respondent  was doing fraud with Government/Income tax department by not issuing and providing any bill of actual price. The learned District Commission has erred in not considering the issue of damaged seat which was clearly visible. The District commission has failed to appreciate the photographs placed on record which shows that no light was blinking in the AC’s display indicating these to be working. The District commission  has failed to appreciate the fact that complainant has suffered a huge loss and harassment due to misconduct and clear deficiency of the OP and entitle for the compensation.

8.       Ex.C-2 reveals that the seat visible in it was broken, but it is clear that the photograph did not show its seat number to as certain that the same was allotted to the complainant as per Ex. C-1. The wrapper Ex.C-4 reveals that there was no price on the wrapper of lays.  The photograph of AC was not showing working or non working of the AC. In the absence of any such evidence, the complainant could not prove of his having suffered any loss. The learned District Commission has rightly dismissed the complaint. The learned District Commission committed no illegality while passing the order dated 15.04.2019.  The appeal is devoid of merits and stands dismissed.

9.       Applications pending, if any stand disposed of in terms of the aforesaid judgment.

10.       A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.

11.      File be consigned to record room.

 

Date of pronouncement   (Suresh Chander Kaushik)          (S. P. Sood)

15.03.2023                            Member                                             Judicial Member

S.K (Pvt. Secy.)