MELWYN CAMARA vs BOSCO D'SOUZA

THE Appellant has filed this appeal against the order dated 15.5.92 in the complaint No. 25/DF/92 before the District Forum Panaji filed by the Respondent hereto as complainant against the Appellant hereto as the opposite party.

THE Respondent/Complainant had filed the complaint against the Appellant/Opposite Party alleging that he had suffered the deficiency in service of (he Appellant/Opposite Party. Against opposite party who is the organisor for new year dance held to bring in new year 1992. This dance was organised in open air in the style of street dance at EDC Main Avenue, Near Kadamba Bus Stand, Panaji-Goa. The Complainant/Respondent in the complaint No. 25/DF/92 alleged that the Appellant/ Opposite Party had failed to provide toilet facility in spite of the whole night dance, had failed to present artists as had been advertised, that the tables put for the show were sub-standard and drinks were overcharged.

The District Forum held that the allegation of the deficiency in service due to non provision of toilet facility has been proved which resulted in inconvenience to the Complainant/Respondent and directed the Appellant/Opposite Party to pay Rs. 2000/- (Rupees two thousand only) together with interest @ 18% to the Complainant/Respondent. Hence the appeal.

THE Appellant represented by Advocate Mr. S.M. Usgaonkar argued before us that since the dance organised by the Appellant was an open air street dance there was no obligation on the organisors to provide for toilet facility; on the contrary making such provision in any open land would amount to violation of prevailing rules and regulations in respect of sanitation. THE Counsel further argued that the organiser/Appellant held valid licence for the show from the competent authorities and that the advertisement had never represented by any means that the toilet facility would be provided. The Respondent appearing in person quoted Section 90 of Goa Daman and Diu, Public Health Act, 1985 and Goa Public Health Rule 1987 which reads as under- Sanitary Arrangements etc. The local authority within whose jurisdiction a fair or festival is held, or if is held within the jurisdiction of two or more local authorities, any person or committee appointed by such local authority jointly, shall make provision for:- (1) the demarcation and preparation of the site of the fair or festival; (2) the clearing and draining of the site; (3) the deposition of the several parts of the fair or festival, including the alignment of roads within the site; (4) the supply in sufficient quantities of water fit for drinking and cooking purposes for the use of the persons resorting to the fair or festival and the proper preservation of such water; (5) the accommodation of pilgrims and visitors, to such extent as may be practicable; (6) the lighting of the fair or festival; (7) the supply by suitable persons of wholesome food, at reasonable rates, to person resorting to the fair or festival and the proper supervision and inspection of all food prepared or offered for sale or stored or in course of transit within the fair or festival; (8) the collection, removal and disposal of refuse, rubbish and sewage; (9) the supply and maintainence of suitable latrines for the use of person resorting to the fair or festival; (10) the detection and segregation of cases of infections diseases and the prevention of the in troduction and spread of such diseases; (11) the employment of adequate medical staff, the provision of medical relief, and the furnishing of hospital accommodation both of general and idolation purposes; and (12) such other purposes as may be prescribed.

WE have observed that the Section 90 specifies various provisions that are necessary and obligatory upon the person or committee appointed by the local authority for organising fairs and festivals. Shri Bosco de Souza, the Respondent appearing in person argued that it was mandatory upon the Organisor (Appellant) to provide for the toilets being a whole night dance show. He further stated that since the organiser had obtained the necessary NOC/Permission for the show and had also obtained bar licence and were selling cold drinks and other breverages the Organisers ought to have made provision for the toilets or ought to have got it done from the respective local authority who had issued the licence. We have heard the arguments and observed that the provision of Section 90 Sub-Section (9) of Goa Daman and Diu, Public Health Act 1985 are very clear on this issue. Provision of toilet facility is mandatory at the site of any feast or festival, which includes open air dances and entertainment and amusement being covered by the definition of service under the provisions of Consumer Protection Act, 1986 and any imperfection, or shortcoming or inadequacy in the nature and manner of performance required under the prevailing law amounts to deficiency in service.

THIS appeal therefore is dismissed. We maintain the impugned order of the District Forum. We further direct the Appellant to pay Rs. 550/- (Rupees five hundred fifty only) to the Respondent towards the costs of this appeal. Appeal dismissed with Costs.