HOTEL HIMMATGARH PALACE AND ORS Vs. ABHIKRAM AND ORS

JUDGEMENT

(1.) THIS appeal arises out of order dated 4.3.2008 passed by the District Consumer Forum (DCF), Jaisalmer whereby the complaint was dismissed.

(2.) EXTENSION of the Himmatgarh Palace Hotel complex at Jaisalmer. There were two initial stages, one was conceptual stage and the next was schematic stage. The allegation of the Complainant is that the conceptual design was not complete and therefore there was no question of switching over to schematic design whereas the version of the Non -applicant has been that the conceptual design was complete and therefore for the schematic design more fee was required to be paid, which was not paid. A sum of Rs. 5,30,600/ - was paid by the Complainant as consultancy fee. The Complainant prayed for the return of this fee along with Rs. 19,30,600/ - as compensation and Rs. 10,400/ - as cost of litigation. The question for consideration is whether there has been deficiency in rendering the services by the Non -applicant and if so what relief the Complainant is entitled to get.

(3.) CONCEPTUAL stage, the design should be such which should be acceptable to the customer. If the customer is still not clear as to how much space is going to be spared for garden/lawn or how the shops in the property are to be accommodated or how one or two suites are going to be built up, it cannot be said that the conceptual stage was over. Again letter dated 23.1.2006 sent by the Complainant is important. Para 3, 4 and 5 of which are as under: