BATRA THEATRE vs HARKIRAT SINGH

ON acomplaint instituted by Shri Harkirat Singh, the Consumer Disputes Redressal Forum, Union Territory, Chandigarh ordered on 18.2.1997 that a sum of Rs. 300/- shall be payable by the Batra Theatre as compensation. Aggrieved against it the present appeal has been preferred on behalf the Batra Theatre.

IT has been alleged that the complainant Harkirat Singh went to Batra cinema hall. Sector 37, Chandigarh to see a movie along with his wife and purchased two tickets bearing No. 065278 and 065279 on payment of Rs. 15/- on 3.7.1994 for the Mat show of 3 p.m. to 6 p.m. According to the complainant that when he and his wife reached inside the cinema hall they tried to find suitable seats, the most of the seats were lying vacant and damaged badly and were not comfortable; that he and his wife occupied least damaged seats in ''C'' row; that he complained to an employee of the cinema hall about the suffocation being suffered by them; that he and some other viewers went to the Manager of the cinema hall and complained him about the condition of the chairs, non-functioning of Air Conditioner and fans but he did not listen to them and said that they were to see the film under the present condition and if they did not like it they may leave the cinema hall. On behalf of the appellant it has been stressed that the District Forum has erred in not holding that Air Conditioner was not switched on under the instructions of the Chandigarh Administration due to short supply of electricity and that the complaint is liable to be dismissed on this short ground. It has been argued that they submitted in their reply that the complainant never visited the cinema hall of the appellant and that the seats inside the hall were well furnished and comfortable for the sitting of the visitors. Further it has been pointed out that the Air Conditioner was not switched on as per the order of District Administration due to low voltage.

The complainant in support of his contention has filed his own affidavit as also the affidavit of Shri Pritpal Singh S/o Shri Santokh Singh along with two tickets bearing No. 065278 and 065279 of Rs. 7.50/- each. On behalf of the appellant, Batra Theatre, Mr. Naresh Batra, Managing Director has put his own affidavit. A perusal of the evidence shows that nothing is on record that the screen was not visible from any of the seats and that the complainant could not see the movie on that account. The assertion of the cinema owner that Air Conditioner was not switched on due to paucity of electricity voltage under the instructions of the District Administration, has not been rebutted in any way. The complainant has also stated that he had seen some 10 seats before sitting on two vacant seats in ''C'' row. No specific defect in any of the seats occupied by the complainant and his wife has been brought on record. Thus it is a case where seat was available, the film was going on and the mere fact that the Air Conditioner was withdrawn for the reasons explained by the Cinema Manager/owner, it cannot be said that there was deficiency on the part of the appellant to entitle the complainant to any compensation. Thus the impugned judgment burdening the appellant, cinema owner, with compensation is set aside.

AS regards Appeal No. 33 of 1997, attempted by Harkirat Singh for enhancement of compensation has no merit at all and in view of the reasons given above this cross-appeal fails and it is hereby dismissed. The parties are left to bear their own costs. Announced. Order set aside. _____________