When event management goes wrong
WEDDINGS in India usually involve large gatherings, requiring a spacious venue, elaborate food arrangements, intricate flower decorations, colourful lights and, of course, music to create the mood. All this comes at a price, and it is not rare to find consumers expressing their unhappiness or dissatisfaction with the services provided. It is also not unusual to find such cases before the consumer courts. Recently, the National Consumer Disputes Redressal Commission gave its order in one such case. It highlights two important points: (1.) The need for consumers to always have in writing any such agreements involving huge sums of money so that the service provider can be held liable for violations of the terms of the agreement, and (2.) In the absence of such an agreement, hauling up the service provider may be difficult, but not impossible, if the consumer can convince the court of the facts of the case through other supporting evidence.
This particular case revolves around the poor quality of food catered by a marriage hall owner. The complainant’s case was that he had booked Daulat Gardens for his daughter’s wedding on November 23, 2008, along with a catering order of food for 500 persons, to be supplied by Singh Caterers of Chandigarh. However, neither the caterer nor the menu served were the chosen ones, it was contended. The complainant, thus, sought a compensation of Rs 10 lakh.
The District Consumer Commission, however, dismissed the case, directing him to go to the appropriate civil court. In response to his appeal, the State Commission remanded the complaint back to the District Commission, which, through its order dated July 26, 2013, directed the hall owner to pay a compensation of Rs 1,50,000 and Rs 3,000 as costs. The State Commission, however, set aside this order. pointing to the absence of an agreement in writing between the parties on who will provide the catering or even about the provision of a stage for the DJ.
In his revision petition before the National Commission, the complainant argued that the usual practice was to finalise the menu and the arrangements orally and pay the advance. And he had provided as evidence the menu card of Singh Caterers where the items chosen by him were marked in red. He also had a visiting card of the venue owner attached to it.
While restoring the order of the District Commission, the National Commission pointed out, “From the record, it is evident that there was an arrangement by which the menu had been determined by marking the selected items in different colours for the event, for which a consideration had been accepted by the respondent. It is not denied by the respondent that all the items selected were not served on the day of the wedding. While the respondent denies that catering by Singh Caterers was agreed upon, he has not led any evidence to show who the agreed caterer was. Without going into issues of standard and taste with regard to the food items served, which are subjective issues, there was, clearly, deficiency in the serving of the identified items on the menu on the day of the function for which a consideration had been accepted.” (Dharampal Sabharwal vs M/s Bottoms Up Pub and Restaurant, RP No. 396 of 2016).
In conclusion, I would re-emphasise that in cases such as these, a written agreement or a contract would go a long way in protecting the interests of the consumer. Here, the consumer eventually won the case, but it was a long battle because of the absence of an agreement or a contract. He would have probably got a better compensation if he had that evidence with him.
Of course, some marriage halls and hotels have one-sided contracts on which you are asked to sign. You need to read these carefully before putting your signatures. For a long time, I have been arguing that we need to have standard model contracts for each sector and all contracts must be based on that principle of fairness — to both the parties. The Central Consumer Protection Authority constituted under the Consumer Protection Act should undertake this work.
