IN THE COURT OF SOHAIB AHMED RUMI DISTRICT & SESSIONS JUDGE/PRESIDING OFFICER DISTRICT CONSUMER COURT, GUJRANWALA
Case No. 93/08
Muhammad Saqib Vs. Noor Banquet Hall G.T Road, Shahinabad Gujranwala through its proprietor/Manager.
Muhammad Saqib S/o Tassawar Hussain has filed this complaint against the Noor Banquet Hall G.T Road, Shahinabad Gujranwala through its proprietor/Manager for providing defective services stating that on 23-03-08 the Banquet Hall of the respondent alongwith services was obtained for the period from 01:00pm to 05:00pm.
When the complainant and his guests reached the Banquet Hall the respondent had not arranged for sitting of the guest. Every thing provided after that was dusty; the employees/waiters were in dirty uniform.The alternate arrangement of electricity supply through generator in case of electricity power failure was inadequate.Inspiteof all these deficiencies which brought humiliation and embarrassment,complainant paid Rs. 23860/- to the respondent on demand.
The respondent contested the case by submitting reply claiming that all this mismanagement was due to over gathering of the complainant who invited 425 persons instead of 300.After submitting the reply and cross examining the witness of complainant on 20-02-09 respondent absented himself and did not choose to appear, therefore, he was proceeded exparte vide order dated 02-03-09. On 27-03-09 exparte proceedings were ordered to be set aside subject to payment of cost Rs. 1000/- but till today the respondent has not appeared, therefore, he was once again exparte proceeded on 27-05-09.
In order to prove its case complainant produced Muhammad Ajmal as PW2 and himself appeared as PW1. In his statement he verified the averments of the complaint and also elaborated unfavourable circumstances prevailing in the Banquet Hall due to negligent services of the respondent. PW2 Muhammad Ajmal corroborated in his statement the story mentioned in the complaint.
During the course of cross examination both the witnesses remained intact toward their statement.As evidence of the complainant remained un rebutted because respondent was proceeded exparte, therefore, in the absences of any thing contra to the complainant’s evidence this complaint is accepted to the following terms;
1. Complainant is held entitled to receive Rs. 8000/- (Rs. 5000/- as counsel fee plus Rs. 3000/- incurred on litigation expenses).
2. Respondent is directed to return Rs. 10000/- from the charges paid by the complainant for providing deficient services.
All these payments shall be made to the complainant by the
respondent within two weeks of the passing of this judgment without fail. File be consigned to the record room after its due completion.
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