STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/104/2024 PRABIR ROY CHOWDHURY PRESENT ADDRESS - RESIDING AT 31/6, BAIDIKPARA LANE, P.O. HINDMOTOR, P.S.

UTTARPARA, HOOGHLY, PIN-712233 ,WEST BENGAL.

.......Appellant(s)

Versus SAMPARK CATERER Through its Shankar singh PRESENT ADDRESS - HOWRAH,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE APPELLANT:

PRABIR ROY CHOWDHURY, MR. BARUN PRASAD (Advocate)

FOR THE RESPONDENT:

SAMPARK CATERER Through its Shankar singh, SHALINI MUKHERJEE (Advocate)

DATED: 13/03/2026

ORDER

Samiksha Bhattacharya, Member The facts of the case, in brief, are that the Respondent/OP (hereinafter referred to as ‘OP’) being the Caterer was entrusted by the Appellant/Complainant (hereinafter referred to as ‘Complainant’) with the job of providing food and all other allied arrangements for approximately 300 persons in the occasion of the Complainant’s daughter’s marriage ceremony which was scheduled on 20.11.2021. While placing the order the OP was informed well in advance that some of the guests i.e. (30-35), representing the groom side coming from Delhi were totally vegetarian and accordingly, the OP would have to arrange vegetarian food for them. Reportedly, the OP assured the Complainant that the Order placed by him including serving vegetarian food to some of the guests would be supplied. The OP was also given catering contract for the pre-marriage and post-marriage functions scheduled to be held on 19.11.2021 and

21.11.2021 respectively for more or less 45 persons.

At the material point of time, the pandemic situation was prevailing in the country and several restrictions imposed by the Government in the matter of gathering in social functions. The catering charges were fixed as per mutual consent and the OP claimed to have signed and issued the contract form upon an advance payment of Rs. 501/- paid by the Complainant on 22.08.2021. The Complainant engaged the OP as a caterer, the OP checked the Menu and fixed the price for organizing the entire functions including dinner on 20.11.2021 of 300 persons/guests (more or less) for the said marriage @ Rs. 1,000/-per plate including all other charges and for catering of pre-marriage and post-marriage functions i.e. on 19.11.2021 and 21.11.2021 respectively for more or less 45 persons @ 300 per plate and the Complainant agreed to this and then OP signed and issued the contract form and the Complainant paid advance of Rs. 500/- on 22.08.2021.

Thereafter, as per demand of the OP Complainant paid total sum of Rs. 1,90,501/- in advance on different dates. Thereafter on 19.11.2021 Complainant noticed a lot or irregularities in terms of supply of food materials including supply of drinking water bottles and size and quality of fish and when the matter was put to the knowledge of the Opposite Party then he became apologetic for the same saying that nothing wrong will happen on the main function on 20.11.2021. Thereafter same thing happened on 20.11.2021, the auspicious evening when it was found that there was no sufficient arrangement for mask and sanitizer for the guests and invitees which were under oral contract. The dire irregularities happened when no separate arrangement for the vegetarian groom party (30/35 in number),who came from Delhi, have been made in spite of repeated intimation, and as a result the kids unknowingly picked up the non-veg food items as there was no label on the bowl containing food materials. Moreover, the quality of the food items were also not upto the mark. This sordid incidents took a serious turn when reached to the seniors who termed the incidents as deliberate attempt to attack on their religious belief. There was no separate menu card for the vegetarian groom party which made them unaware of the veg food item meant for them. Only one menu card was placed on the dinner table containing mainly the non-veg items which is easily v