NARANG TENT SERVICES vs G.L. KHURANA

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.

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. 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.

From the aforesaid facts it appears that the appellant not only received Rs. 25,000/- as advanced from the respondent but also could not provide the material according to the satisfaction of the respondent. The respondent has to make some good arrangements by paying Rs. 15,000/-. So far as the payment of Rs. 15,000/- is concerned the respondent is not entitled to recover it from the appellant. As regards the refund of Rs. 25,000/- we deem that the appellant might have spent some amount on the cartage etc. and the sudden concellation of the services of the appellant might have also resulted in some loss to the appellant.

TAKING overall view of the matter we partly allow the appeal by reducing the amount of Rs. 25,000/- to Rs. 20,000/- and award a sum of Rs. 5,000/- towards compensation on account of mental agony and harassment the respondent suffered and waive off the interest. The appeal is disposed of with aforesaid modifications. The FDR, if any deposited by the appellant be returned forthwith after completing necessary formalities.

A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal partly allowed.