M.THANIKACHALAM J. - (1.) The complainant having filed a case before the District Consumer Disputes Redressal Forum, Chennai (South), claiming a sum of Rs.2 lakhs as compensation, able to succeed in getting a sum of Rs.7,500/-, thereby aggrieved, preferred this appeal for enhancement or claiming the amount as in the complaint.
(2.) The complainant/appellant celebrated the marriage of his daughter at Guruvayur, and being a popular man as claimed, he intended to have a reception at Chennai on 4.7.2004 at Dharmaprakash Main Hall, Raja Annamalai Road, Purasaivakkam, Chennai, for which, expecting 800 guests, he ordered for the supply of 33 units of ice cream, for which, he paid a sum of Rs.3,168/-, uponr which, the opposite parties have agreed to deliver the above said units of ice cream on 4.7.2004 at 5 p.m. at Dharmaprakash Main Hall. Though the complainant was waiting for the delivery of the ice cream, till 5 p.m. as agreed, the opposite parties have not delivered the ice cream, and on contact, they informed that they have noted the delivery date as 24.07.2004 instead of 4.7.2004. The non supply of ice cream, as undertook by the respondents, amounts to deficiency in service, which had caused pain and mental agony, in view of the fact that he had spent a total sum of Rs.2 lakhs in making all the arrangements for the reception. Thus complaining, deficiency in service, claiming compensation, notice issued, for which, there was no positive result, and therefore the complainant was constrained to file a case for the recovery a sum of Rs.1 lakh towards loss of reputation, peace and mental agony and for a sum of Rs.1 lakh as damages, with cost.
(3.) The respondents/opposite parties denying the adverse allegations against them in the complaint, inter alia contended that as agreed, they have despatched the ice cream in a vehicle bearing registration No.TN-10-H-4233 and the vehicle was unable to reach the reception spot due to mechanical failure, and when the ice cream was sent by making alternative arrangement, the complainant refused to take delivery of the ice cream, turned back the official of this opposite party. The opposite parties having refunded the amount, received from the complainant, are not liable for any deficiency in service or damages on false grounds and thereby prayed for dismissal of the complaint.;