JUDGEMENT
A.K.ANNAMALAI, J. -
(1.) Opposite party is the appellant.
(2.) Complainant availed a new year eve entertainment function held by
the opposite party?s hotel on the eve of new year 2008 on 31.12.07 by
obtaining ticket for the same by paying Rs.2,999/- and unexpectedly at
about 11.30 p.m there was an accident due to the collapsing of stage
arranged by the opposite party for the function in which certain people
drowned in the swimming pool and the complainants also alleged they have
got entangled in the tragedy and subsequently managed to came out with
the assistance of other persons and had treatment for the injuries
sustained and in the occurrence they lost their belongings including
number of mobile cells precious jewel and other items and thereby they
have filed a complaint claiming direction for cease and desist from
adopting unfair trade practice Rs.5,00,000/- towards compensation for
mental agony inconvenience hardship and Rs.1,41,800/- being the cost of
the lost damaged items as per the para 7 of the complaint and
reimbursement of ticket cost of Rs.3,000/- reimbursement of ambulance
charges and hospital bill of Rs.1,500/- and pay for the costs against the
opposite parties.
(3.) Opposite parties denied the allegations of the complainant except to
admit the occurrence and contended that the occurrence was unfortunate
and unexpected accident for which the police case was registered and the
opposite party has been willing to reimbursement ticket cost as well as
charges for Ambulance and hospital bill of the complainants and never
refused to consider the other claim except that further proof of such
loss was called for any such loss would have to be submitted by the
opposite party as a claim to the insurance company.;
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