Panchkula Commission Orders Rajhans Cinema And Libra Entertainments To Pay Rs 2.5k Compensation Each For Charging Rs. 20 For Parking Ticket

Brief Facts:

Harshi Goyal (“Complainant”) approached the District Consumer Disputes Redressal Commission, Panchkula (“District Commission”) with a grievance related to a parking fee dispute. The incident occurred on August 18, 2019, when the complainant, along with his family, planned to watch the movie "Mission Mangal" at Rajhans Cinema in Sector-5, Panchkula. Earlier, an advertisement had been published in a leading newspaper on August 15, 2019, claiming that visitors to Rajhans Cinema would enjoy free parking facilities. Based on this advertisement, the complainant booked two movie tickets for Rs. 160 each.

Upon arriving at the cinema's parking lot on the specified date, the complainant attempted to avail the free parking as advertised. However, he was met with resistance from the parking attendants who demanded a parking fee of Rs. 20. The complainant protested, showing them the newspaper advertisement and insisting that the parking should be free. The attendants argued that they had not received any instructions from the cinema management regarding free parking, ultimately forcing the complainant to pay the parking fee under protest.

The complainant alleged that the cinema had engaged in deceptive advertising to attract customers with the promise of free parking and subsequently extorted money from them. He also claimed that this practice had led to his unpleasant encounter with the parking attendants, causing mental distress to him and his family.

Initially, Rajhans Cinema Forbcorp Pvt. Ltd. and M/s Libra Entertainments (P) Ltd., the cinema hall owners presented their defence through an authorized representative. However, their response was notably lacking in a formal written statement despite multiple opportunities provided to them. Consequently, the District Commission decided to strike off their defence on May 30, 2022.

Observations by the Commission:

The District Commission noted that the complainant had furnished substantial evidence to support his version of events and allegations. This evidence included the newspaper advertisement published on August 15, 2019, clearly indicating that free parking would be provided to visitors of Rajhans Cinema.

Upon analysing the complaint and the provided evidence, the District Commission observed that the complainant’s claim was consistent with the newspaper advertisement's promise of free parking. The complainant’s contention that he was charged a parking fee despite the advertisement's assurance was supported by his account of the incident and the subsequent interaction with the parking attendants.

Furthermore, the District Commission highlighted that the cinema hall owners, Rajhans Cinema Forbcorp Pvt. Ltd. and M/s Libra Entertainments (P) Ltd., failed to present a written defence or formal response to counter the complaint’s claims. Despite multiple opportunities, their lack of a substantial defence resulted in the striking off of their defence by the Commission on May 30, 2022. This absence of a counterargument left the complainant’s version of events largely unopposed and undisputed.

Given the unrebutted nature of the complainant’s account and the supporting evidence, the District Commission arrived at the conclusion that the cinema hall owners were deficient in rendering services to the complainant’s as per the advertisement's promise. The District Commission held that the complainant had indeed suffered financial loss due to the erroneous parking fee charge and had experienced mental distress and harassment during his interaction with the parking attendants.

In light of these findings, the District Commission ruled in favour of the complainant and ordered the cinema hall owner, M/s Libra Entertainments (P) Ltd., to refund the Rs. 20 parking fees along with 9% per annum interest from the date of complaint filing until the reimbursement was made. The District Commission further directed M/s Libra Entertainments (P) Ltd. to pay a compensation of Rs. 2,500 to the complainant for the mental distress and harassment he had experienced.

Moreover, the District Commission imposed a compensation of Rs. 2,500 on Rajhans Cinema for its role in causing mental agony and harassment to the complainant. Additionally, Rajhans Cinema was directed to pay a sum of Rs. 5,500 to Goyal as litigation charges.

Case: Harish Goyal vs Rajhans Cinemas & Ors.

Case No.: CC/303/2021

Advocate for the Complainant: Sikander Bakshi

Advocate for the Respondent: Defence of OPs No.1 & 2 struck of vide order dated 30.05.2022.

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