No ‘baja’ for baraat: Groom’s father wins Rs 39,000 after wedding band fails to arrive

‘Paid Rs 4,200 advance’

According to the complainant, he had booked the band for his son’s wedding ceremony and the troupe agreed to provide a five-member brass band for Rs 9,000. At the time of booking, the complainant paid Rs 4,200, including Rs 4,000 as advance and Rs 200 as token money, and was issued a receipt.

However, on the wedding day, the band failed to reach the venue, the complainant alleged. According to the complaint, although the proprietor initially answered phone calls and assured him that the band would reach soon, he later stopped responding and eventually switched off his mobile phone.

With the wedding procession stalled, the family arranged another band on the spot by paying Rs 10,000. Alleging deficiency in service, the complainant later filed a complaint before the consumer commission.

Evidence unchallenged: Court

The commission noted that despite being served a notice, the opposite party chose not to contest the proceedings and was proceeded against ex parte. It held that the complainant’s evidence, including affidavits and documentary proof, remained unchallenged and there was no reason to disbelieve the clear evidence he produced.

The forum observed that the band had received the advance payment but failed to provide the promised brass band on the wedding day. It said the complainant had to engage another band at additional cost, and held that the non-appearance of the opposite party and failure to honour the booking amounted to a “gross deficiency in service and unfair trade practice.”

Allowing the complaint, the commission directed the band’s proprietor to pay Rs 14,000 to the man, besides Rs 15,000 as compensation for mental agony and harassment, and Rs 10,000 towards litigation costs.

Takeaway

The order emphasises that service providers cannot abandon contractual commitments on important occasions, such as weddings, after accepting advance payments. A failure to provide the promised service without justification constitutes deficiency in service and an unfair trade practice under the Consumer Protection Act.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Himachal Pradesh: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.