LAWS(NCD)-2004-11-113

NARANG TENT SERVICES Vs. G L KHURANA

Decided On November 05, 2004
NARANG TENT SERVICES Appellant
V/S
G L Khurana Respondents

JUDGEMENT

(1.) Feeling aggrieved by the order dated 11.9.1996 passed by the District Forum whereby the appellant who provides services of catering and tent was directed to refund the amount of Rs.25,000/- along with interest @ 15% p. a. from the date of its receipt till realisation, on account of deficiency in service for making poor quality arrangements, the appellant has preferred this appeal.

(2.) The respondent availed service of the appellant for the marriage of his daughter, which was scheduled to take place on 24.5.1995 at Delhi. A day or two earlier to the marriage the respondent was called by the appellant to see the arrangements, the respondent found that the material used was very old and decoration was not up to the mark. The respondent requested the appellant to ensure that better material be used and adequate arrangement of good quality be made. However, the appellant refused to provide any better material and promised to refund the amount of Rs.25,000/- received by him. The respondent was forced to engage service of another caterer by paying Rs.15,000/- as an additional amount. It is alleged that inspite of assurance the appellant never returned the amount of Rs.25,000/- received from the respondent. The respondent approached the District Forum by filing a complaint claiming Rs.15,000/- as damages towards the extra payment made to another caterer by him and Rs.25,000/- the amount which he had already paid to the appellant.

(3.) The allegations of the respondent have been denied by the appellant to the extent that the respondent on seeing the material which they had taken to the place where the marriage was to take place, rejected the same and in the process the appellant has also suffered on account of taking the material there towards cartage etc. and sudden cancellation of the service of the appellant has rather resulted in the loss to the appellant.