Before the District Consumer Disputes Redressal Forum, Mandi, H.P.
Complaint Case No.26 /2009
Date of Institution 12-1-2009
Date of Decision 29-6-2009
Onkar Chand Sood son of late Salig Ram Sood R/0 Near Hotel Vivek, Laxmi Bazar, Joginder Nagar, District Mandi, H.P.
…Complainant
V/S
1. Hans Raj ( Band Master of New Janta Bras Band) son of Sh. Prem Singh resident of village and Post Office Badhu, Tehsil Chachiot, District Mandi, H.P.
2. Manoj Kumar son of Sh. Karam Chand resident of village Bhayara, Post Office Chauntra, Tehsil Joginder Nagar, District Mandi, H.P.
For the complainant Sh. Noor Ahmad, Advocate
Opposite party No.1 Exparte
For the opposite party No.2 Sh. H.L. Rangra, Advocate
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ORDER.
This order shall dispose of a complaint under Section 12 of the Consumer Protection Act, 1986( hereinafter referred to as the “Act”) instituted by the complainant against the opposite parties. The case of the complainant is that the marriage of his son Sh.Atul Sood was to be solemnized with effect from 6-12-2008 to 8-12-2008 as per marriage card annexed as Annexure C-1. The opposite party No.1 is a Band Master of New Janta Brass Band and the opposite party No.2 is running a Hotel at Joginder Nagar in front of the shop of the complainant and is also doing the work of booking of Band party for the opposite party No.1. The complainant averred that he had booked the Band party of the opposite party No.1 on 28-5-2008 on the persuasion of the opposite party No.2 for three days from 6-12-2008 to 8-12-2008 in the sum of Rs.14,000/-. It was agreed that the band party shall be of ten persons and one additional man with Punjabi Dholi. The complainant averred that a sum of Rs.101/- was paid as “Sai” on 28-5-2008 and Rs.2000/- was paid as advance money to the opposite party No.1. Thereafter, the opposite parties No.1 and 2 again took an amount of Rs.2000/- as advance from the complainant. The opposite parties No.1 and 2 assured the complainant that they will reach the house of the complainant on 6-12-2008 at 5 PM before the start of marriage ceremonies and in case they fail to reach in time in that event they will pay thrice the amount of Rs.14,000/- as penalty to the complainant . The complainant alleged that the opposite parties did not reach his house at scheduled time on 6-12-2008. It has further been alleged that when on 7-12-2008 the opposite parties did not reach the house of the complainant and no intimation was received , he sent his relative in vehicle No HP-01-M-8100 to Pathankot to bring band party and spent Rs.4500/- as per Annexure C-3 as bus fair and paid Rs.15000/- as per annexure C-5 the charges to the other band party for one day only i.e. for 7-12-2008 evening to 8-12-2008 ,10 AM . The complainant had averred that he had also arranged one Dholi by spending Rs.2500/- as per receipt annexure C-6. The complainant alleged that the opposite parties had been deficient in providing service as they have failed to provide service to the complainant . The complainant averred that he was forced to arrange D.J system by spending Rs.3500/- as per annexure C-7. The complainant alleged that he is reputed man and due to the act of the opposite parties he had suffered great humiliation in the society and he has claimed Rs. 50,000/- as compensation on this score . With these allegations, the complainant had sought a direction to the opposite parties to pay Rs.42,000/- ; to pay Rs.15000/- given to another band party, to pay Rs.2500/- paid to Dholi, to pay Rs.4500/- as vehicle charges , to pay Rs.3500/- spend for DJ system , to pay Rs.50,000/- as compensation and Rs.3000/- as cost of complaint.
2 The opposite party No.1 has failed to contest the complaint and was proceeded against exparte.
3. The opposite party No.2 has filed reply and resisted the complaint by raising objections that the complaint is not maintainable as there is no relation of consumer and the seller between the complainant and the opposite party No.2. On merits , the opposite party had admitted that he is running a Hotel( Dhaba) at Joginder nagar but denied that he worked as booking agent of the opposite party No.1. It has further been pleaded that the opposite party No.2 had never taken any amount from the complainant nor had entered into any contract in any manner whereas the complainant himself had requested him to sign the receipts as a witness. It has further been averred that as a matter of fact , no transaction had taken place between the parties in presence of the opposite party No.2 .Rest of the contents of the complaint had been denied in toto.
3. The complainant had filed rejoinder reiterating the contents of the complainant and controverting those as made in the reply.
4 We have heard the ld counsel for the complainant and have also gone through the entire record. From the perusal of the receipt Annexure -2, it has become clear that the opposite party No.1 had taken advance amount of Rs.2000/- from the complainant on 28-5-2008 in pursuance to the booking of the Band party consisting of 10 persons and one Punjabi Dholi with effect from 6-12-2008 to 8-12-2008. Aforesaid receipt is signed by two witnesses out of which one is the opposite party No.2 i.e. Manoj Kumar . There is no documentary evidence on record produced by the complainant to establish that the opposite party No.2 was working as an agent for the opposite party No.1 for booking the band party. Hence , the opposite party No.2 cannot be made liable for any act of the opposite party No.1. The opposite party No.1 has failed to contest the complaint which shows that he had nothing to say in the matter and it is for this reason he had not contested the complaint. The complainant had adduced in evidence marriage card Annexure C-1 in support of his complaint . Not only this , the complainant had supported his complaint by means of receipts Annexure C-4 to Annexure C-6 and also by his own affidavit which established that the band party of the opposite party No.1 had failed to turn up on the scheduled date which tentamounts to deficiency in service .
5 Now the question left for determination by this Forum is that to what amount the complainant is entitled from the opposite party No.1 on account of deficiency in service . From the perusal of the document Annexure C-2 it is proved that the opposite party No.1 had received Rs.2000/- from the complainant as advance on 28-5-2008 and another sum of Rs.2000/- was received on 25-11-2008 by the opposite party as per receipt given on the reverse of annexure C-2 and since he had not turned up with band party and Dholi on the scheduled date and time , the complainant is entitled to refund of this much amount from the opposite party No.1. The complainant had also proved that he had spend Rs.15,000/- for arranging another band party from Pathankot at the last moment . The complainant had been compelled to spent Rs.4500/- for transportation of the aforesaid band party due to the fault of the opposite party No.1 as is evident from receipt Annexure C-3 . Hence the opposite party No.1 is liable to pay Rs.4500/- to the complainant as transport charges. The complainant had also proved that he had paid Rs.2500/- to Dholi Annexure C-6 as the opposite party No.1 had failed to provide Dholi and as such the opposite party No.1 is also liable to pay Rs.2500/- to the complainant. Since the opposite party No.1 had not reached the house of the complainant alongwith band party and Dholi the complainant had suffered mental agony for which he is entitled to compensation of Rs.1000/- from the opposite party No.1.
6 In view of what has been discussed hereinabove, the complaint is allowed and the opposite party No.1 is directed to pay to the complainant a sum of Rs.4000/- taken in advance , Rs.4500/- spent for transportation charges , and Rs.2500/- paid to the Dholi, within a period of one month from the receipt of copy of this order. In addition to this ,the opposite party No.1 shall pay Rs.1000/- as compensation and Rs.500/- as costs of litigation.
7 Copy of this order be supplied to the parties free of cost as per Rules.
8 File, after due completion be consigned to the Record Room.
Announced (Sushil Kukreja) President
29-6-2009
DKM ( Lal Singh ) ( Alkananda ) Members