LAWS(NCD)-2023-1-20

DHARAMPAL SABHARWAL Vs. BOTTOMS UP PUB & RESTAURANT

Decided On January 04, 2023
Dharampal Sabharwal Appellant
V/S
Bottoms Up Pub And Restaurant Respondents

JUDGEMENT

(1.) This revision petition filed under the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the State Consumer Dispute Redressal Commission, Punjab, Chandigarh (in short, 'State Commission') in First Appeal No. 956 of 2013 dtd. 6/10/2015 emerging from order in consumer complaint no. 80 of 2013 of the District Consumer Disputes Redressal Commission, Shaheed Bhagat Singh Nagar (in short, 'District Forum') dtd. 26/7/2013.

(2.) The brief facts of the case, as stated by the petitioner, are that he had booked Daulat Gardens, a marriage venue, on 16/10/2008 for the solemnization of his daughter's wedding on 23/11/2008 and paid an advance of Rs.50,000.00 to the respondent. The respondent agreed to provide catering of Singh Caterer of Chandigarh for 500 persons at the rate of Rs.325.00 per person. At the time of booking, it is stated that the respondent provided a Xeroxed copy of the menu of the said Singh Caterer. The soup, snacks and other items agreed to be served were marked in red and yellow colour on this menu and on the basis of this agreement the petitioner paid the balance amount to the respondent. However, on the day of the function, it was found that catering by Singh Caterer as agreed to was not provided and the items marked in red colour on the Menu were not served. The quality of food was not up to the desired expectancy of the petitioner too. The respondent also failed to provide a stage for the DJ as agreed earlier. The petitioner filed a consumer complaint before the District Forum, Hoshiarpur on the basis of deficiency in service and claimed Rs.10,00,000.00 as compensation from the respondent.

(3.) The complaint was transferred to the District Forum, Shaheed Bhagat Singh Nagar (Nawanshahar) and was dismissed on 30/11/2010 directing that the complaint be filed before an appropriate Civil court. On appeal before the State Commission, however, the matter was remanded on 22/5/2013 to the District Forum to be decided on merits. The District Forum vide its order dtd. 26/7/2013 allowed the complaint and directed payment of compensation of Rs.1,50,000.00 and Rs.3,000.00 as cost of litigation. The respondent filed an appeal before the State Commission against this order. The appeal was allowed and the order of the District Forum set aside. This order of the State Commission has been impugned before us.