Bands can face the music

Pushpa Girimaji

At my son’s wedding sometime ago, I had hired the services of a well known band, which offered to provide all services for the baarat, including the decorated mare, the shehnai, dhol, lights, firecrackers, etc. The total amount to be paid was Rs 62,000 and this included all the charges, including the tip for the ghoriwala.  However, on the day of the wedding, the ghoriwala violated the terms of the contract and started demanding much more than what was earlier decided as his tip and even threatened to walk out with the mare, causing us acute embarrassment. Subsequently, the owner of the band neither apologised nor returned the extra amount collected, despite my writing several letters to him. I would like to teach him a lesson. Can I file a complaint against him before the consumer court? 

From what you say, the service provider is guilty of providing deficient service; thereby causing you lot of distress and embarrassment in front of the guests, at the time of your son’s wedding. He is also guilty of unfair trade practice for failing to keep up his promise about the quality of his service. In addition, he has also violated the terms of the contract drawn up by you two at the time of engaging his services.. What’s even more deplorable is the fact that he has not returned the excess amount charged nor apologised for the behaviour of the mare attendant or the ghoriwala. In fact, he has not even responded to your complaint. 

There’s another issue here — tipping is a voluntary gesture, the amount depending on the appreciation that you show for the service rendered. So the person, who is being tipped, cannot determine the quantum. So all in all, you have strong grounds for seeking compensation from him. So go ahead and file the complaint. I am sure many other victims of ghoriwalas’ tantrums will appreciate your zeal and hopefully your complaint will also send out a message to all such service providers that they cannot exploit consumers in this fashion.

I suppose there are no precedents here, so no case laws?

You will surprised to know that the Delhi District Consumer Disputes Redressal Forum decided a case almost similar to yours sometime back. You can in fact use it in your complaint. The complainant, Deepak Jain’s allegation here was that he had hired the services of Shiv Mohan Band for the wedding of his son on February 2, 2013. The package included shehnai, dhol and ghori, for a total of Rs 42,000. And he had made it absolutely clear that he did not want any haggling for tips in front of his guests and so the tip to be paid to the ghoriwala was also fixed at Rs 500 and specified in the agreement. 

However, on the day of the wedding, the mare attendant misbehaved and demanded more money on the ground that the marriage procession was going to a big hotel! He also exploited the appearance of dark clouds in the sky and the anxiety of the baratis to reach the venue before it started raining, to push up his demand, the complainant said.

In an ex-parte order (the service provider did not appear despite notice), the Delhi District Consumer Disputes Redressal Forum II held that the ghoriwala not only created a scene, but also humiliated the complainant and caused him mental agony and distress. Such acts and conduct amounted to deficient service and the band was vicariously liable for the conduct of its representative, the ghoriwala. It, therefore, directed that the complainant be paid Rs 10,000 towards compensation and costs of litigation.(Shri Deepak Jain Vs Shiv Mohan Band, case number: 131/2013, decided on 11-2-2014).