Decided on September 30,2008

VIVEK LAGU Appellant


MR.S.R.KHANZODE - (1.) JUDICIAL Member -This appeal arises out of judgment/order dated 4.1.2008 passed in Consumer Complaint No. 341/2003 in the matter of Mr. Vivek Lagoo v. M/s. Kalpak Caterers through Partners, etc. by District Consumer Forum, Pune at Pune. By virtue of impugned order, the complaint was partly allowed and feeling aggrieved thereby this appeal is preferred by the original complainant.
(2.) UNDISPUTED facts are that respondents (original OPs) are doing catering business under the name and style M/s. Kalpak Caterers and they are the caterers at a marriage hall known as 'Munot Hall' situated at Near Patrakar Nagar, Senapati Bapat Road, Pune -68. The marriage of the complainant's daughter was to be solemnized on 15.1.2003 at the said hall and catering arrangements were provided by the respondents. Rs. one lac prior to the marriage and Rs. 41,000 on the date of marriage were given by way of advance towards the settlement of the catering bill. The menu and the rates were finalized at the time of booking itself, much prior to the marriage (Annexures A and A1). After the marriage, final bill dated 5.1.2003 (Annexure B) was submitted, though, admittedly, at a later date after the marriage. In the said bill for main marriage meal on 5.1.2003 for 530 persons at the rate of Rs. 200 total Rs. 1,06,000 was charged.
(3.) THE complainant did not dispute this bill (Annexure B) except for the rate applied for main meal of the marriage which is charged at the rate of Rs. 200 per person. According to the complainant it ought not to be a more than agreed rate of Rs. 115 per person though at the time of argument it is submitted that even if it is charged at the rate of Rs. 120 per person, the appellant/complainant has no grievance. Precisely, thereafter, charging at the rate of Rs. 200 for the item mentioned earlier in the final bill is the only disputed issue which needs settlement in this appeal. The respondent opposed the complaint as per their written statement as summarized by the District Forum in the impugned judgment, submitting that 789 guests had actually enjoyed the main marriage meal i.e. lunch on 5.1.2003 and further submitted that the final bill of the even date, supra, was not correctly issued. The rate was wrongly mentioned. According to them Rs. 39,959 are due from the complainant himself to them.;

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