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MAHARASHTRA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW BOMBAY
Honble Mr. Justice G.G. Loney, President;
Shri M.G. Gavai & Smt. Ellen Dharkar, Members.
H.R. GILL—Complainant
versus
SURYAVANSHI KSHATRIYA DNYATI SAMAJ &
ORS.—Opposite Parties
Complaint No. 70/90—Decided on 21.3.1991

Headnote:(i) Consumer Protection Act, 1986 Sections 2(1)(c)(iii), 2(1)(0) r/w 2(1)(d) (ii) Complainant taking Hall of Opp. party for marriage for consideration - Whether a consumer? (Yes) - Jurisdiction - Whether State Commission has jurisdiction to decide the complaint? (Yes). (Para 6)

       (ii) Consumer Protection Act, 1986 Section 2(1)(m) - Person - Opposite Party a public trust- Whether a person under 2(1)(m)?

       (Yes). (Para 8)

       (iii) Consumer Protection Act, 1986· Section 2(1)(0) r/w 2(1)(g) - Deficiency in service Opposite Party letting Hall for marriage - For a small gain the management indulged in unfair practice - Whether a deficiency in service?

       (Yes). (Para 7)

       (iv) Consumer Protection Act, 1986 Section 12(1)(d) - Compensation for injury caused due to negligence - Hiring of Hall for marriage - Unfair practice to give utensils on Hire or cancellation of booking - Deficiency in service - Whether entitled to compensation?

       (Yes) (Indian Penal Code, 1860 - Section 44 Injury). (Paras 11 & 12)

       Result: Complaint partly allowed.

       IMPORTANT POINT

       Where Opposite Party took undue advantage of the situation in hiring the Hall for marriage. he is liable for compensation.

       

ORDER

Justice G.G. Loney, President — Shri H.R. Gill a practicing Advocate made this com- plaint against the opposite parties claiming compensation for hardships and sufferings of as a result of deficiency in the service and also on account of unfair trade practices. The opposite party No. 1 is a registered public Trust and maintains a marriage hall and other premises. Mr. Suresh Kowali is the chairman of the Social Institution. The complainant alleges that the Sabhagruha (marriage hall) is hired out on rent to the public for social functions as a commercial venture.

The complainant had booked and reserved the said hall on 7.3.90 for the wedding and reception of his son Dr. Harendra Gill to be performed on 5.6.1990. He made a payment of Rs. 3001 under two separate receipts at the time of booking on 7.3.1990. According to the complainant it was represented on behalf of the institution that the amount of Rs. 3001/-paid of the complainant was towards the full and final rent charges for the hall. It was also informed to the complainant on behalf of the institution that M/s Laxmi Caterers has the monopoly to arrange the decoration in the hall. However, the complainant was at liberty to engage any caterer of his choice. The complainant alleged that after booking the aforesaid hall, he printed the marriage and reception invitations and distributed them. According to the complainant, Mr. Raut on behalf of the institution repeatedly persuaded the complainant on telephone to direct the complainant's caterer to see him personally or else the booking would be cancelled. When the complainant enquired from Mr. Raut, a day earlier to the marriage about his purpose of contacting the caterer, Mr. Raut informed the complainant that in less the complainant hired the cooking utensils from the institution, the booking be cancelled and the advance paid would be forfeited and directed the complainant to contact the Chairman, opposite party no. 2. According to the complainant he remained busy in the preparations for marriage for 23 days and whilst the marriage celebration was in progress on 5.6.90. Mr. Raut demanded payment of Rs. 800/- towards the utensils charges. According to the complainant due to the continued persuasion of the opposite party, under duress he agreed to make the payment Rs. 800/- but had offered to make the payment by cheque. According to complainant Mr. Raut and two members of the institution one Mr. Raju Kore and one carpenter rudely shouted that the payment must be made in cash. The complainant alleged that taking undue advantage of the situation, the power supply on the ground floor was switched off by the management. The complainant further alleged that the guest and the invitees taking food faced a total black out. The distinguished guests included the members of the Bench and Bar, Government officials and other relatives of the complainant. All were seriously inconvenienced due the high handed act of opposite party which was deliberately done to extract additional money over and above the contractual and agreed upon amount. According to complainant since he was the host and the invitees were caught in an unprecedented situation and he had no other alternative but to accede to the unjust, unreasonable and unlawful demand of money by hands requested Mr. Raut and others to accept the cheque of Rs. 800/- and wrote out the cheque of Rs. 800/- and handed over to Mr. Raut. A receipt of which is filled at Annexure 'C of the complaint. According to the complainant, this act on the part of the opposite party amounts to deficiencies in the service while hiring out the hall. It is further alleged that it amounts to extracting money from the consumers taking undue advantage of their helplessness on such occasions. The complainant, therefore, claimed refund of Rs. 800/- paid on 5.6.90 with 18% p.a. interest. The complainant further alleges that since he was harassed and humiliated he suffered great injury to his reputation and, therefore,





























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