DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 73/2022
Pradeep Kumar Nayak,
S/o Late Rasha Bihari Nayak, 202, Bhramara Enclave, Opp.
Damana High School, Bhubaneswar – 751016
At presently residing at
Flat No.323, Block -17, Lalbag Housing Board colony,
Jagdalpur – 494001, C.G. …. Complainant
-Vrs.-
- Priyanka Thacker, Venue Manager, Nilay Residency,
36/A, Infocity Ave, near Central Tool Room and Training Centre, Chandaka Industrial Estate, Patia, Bhubaneswar – 751024, Odisha. Contact Numebr - +918929453855
- Contact Number - 08048072727
… Opp. Parties
For the complainant : Sri B.R. Sai (Adv.)
For the O.Ps. : Exparte
DATE OF FILING : 04/03/2022
DATE OF ORDER : 20/07/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, on 29/12/2020, he had booked Nilay Residency, Patia, Bhubaneswar to celebrate the reception function of his son’s marriage on 26/05/2021. He expected a congregation of 300 persons in that reception ceremony. He paid Rs.97,500/- as advance for the said purpose. But due to lock down enforced by Government of Odisha, he could n to celebrate that reception function on this stipulated date. He requested the OPs to return the advance amount but the OPs did not refund. Hence this case.
3. On the other hand, the OPs were set exarte and exparte hearing was taken up on 22/06/2023.
4. Perused the materials on record. The complainant had booked Nilay Residency, Patia, Bhubaneswar, to celebrate the reception function of his son’s marriage on 26/05/2021. But due to Covid-19 pandemic, lockdown was imposed by the Government of Odisha and restrictions were put on the number of guests to attend the reception congregation. Even, it was stipulated that food will not be served in that congregation. Due to such restrictions, the complainant could not celebrate the reception function of his son. He wanted that, the OPs should return the advance money. But the OPs did not return it. It is pertinent to mention that, cancellation of the event on the part of the complainant was not voluntary act, rather it was due to administrative intervention, the performance of the contract on the part of the complainant becomes impossible. Under such situation, the complainant’s contract ended in frustration and it becomes void. The legal principle is that, when a contract becomes void, any benefit received there under by any party to the contract, must be restored. In view of such legal principle, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is hereby allowed exparte against the OPs. The OPs are directed to pay a sum of Rs.97,500/- (Rupees ninety-seven thousand five hundred) only towards the advance money received by them. The OPs are further directed to pay an amount of Rs.5000/- (Rupees five thousand) only to the complainant towards compensation for mental agony suffered by him and a further sum of Rs.1000/- (Rupees one thousand) only towards litigation expenses. The order be complied with by the OPs within a period of one month from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OPs in accordance with law.
The order is pronounced on this day the 20th July, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
