This case is filed by the complainant against opposite parties under 12 of Consumer Protection Act, 1986 for their deficiency of service against opposite party NIKITA BHABAN. The case is complainant in brief is that complainant approached the Manager of NIKITA BHABAN and booked the NIKITA BHABAN  for the day of 30.06.2013 for the marriage purpose of sister of complainant and Manager agreed to give the BHABAN at Rs.15000.00 for which both parties entered into agreement and paid Rs.3000.00 by cash money to the Manager as advance on 27.05.2013. Manager issued a receipt to complainant. Unfortunately it was informed to complainant that marriage ceremony will be postponed due to ill health of bridge groom and the matter wa informed to the Manager of NIKITA BHABAN on 29/05/2014 and asked to cancel the booking. Complainant also asked opposiute party to book the BHABAN for the day of 14.07.2013. Then Manager replied  that 14.07.2013 was laready booked and he would return the advance money Rs.3000.00 to complainant on 04.06.2013. Complainant went to NIKITA BHABAN on 04.06.2013 and asked to return the advance to complainant amount of Rs.3000.00 but Manager of the BHABAN after giving several dates failed to return the advance money back and finally refused to return the money of complainant back. In this connection complainant gave legal notice to opposite party but opposite party did pay any heed. Hence complainant has filed this case in this Forum against opposite party for deficiency of service. 

After hearing learned counsel of complainant, this Forum issued notice to opposite party. Notice was duly served to opposite party but they failed to appear and contest the case for wehich this case is heard exparte. Complainant has examined one witness and submitted his affidavit as examnination in chief. we have heard argument from learned counsel of complainant abnd pewrused the case record. 

Supporting the complaint petition, petitioner witness 1 Sri Parthe Sarathi Bardhan in his evidence has stated that complainant approached the Manager of NIKITA BHABAN and booked the NIKITA BHABAN for the day of 30.06.2013. for the marriage ceremoney purpose of sister of complainant anbd Manager agreed to give the BHABAN at Rs.15000.00 for which both the parties entered into agreement and paid Rs.3000.00 only by cash money to the Manger as advance on 27/05/2013. MManager issued a receipt to complainant. Unfortunately it was informed to complainant that marriage ceremoney will be postponed due to ill health of bridge grrom and the matter was informed Manager of nikita BHABAN on 29.05.2013 and asked to cancel the booking. Complainant also asked opposite party to book the BHABAN for the day of 14.07.2013. Then Manager replied that 14.07.2013 was already booked and he would return the advance to complainant amount of Rs.3000.00 but Manager of the BHABAN after giving several dated failed to return the advance money back and finally refused the money complainant back. Opposiute party mis-behaved the complainant instead returning advance money. In this connection complainant gave legal notice to opposite party but opposite party vide exhibit 4 but he didi not pay any heed. 

Exhibit 6 is the money receipt issued by opposite party after receiving advance money. 

In this while complainant paid advance money for a availing service of Bibah Bhaban for a particular date but on the following day of booking he hyad to postponed the date due to the problem and asked to book the Bhaban on the other date but opposite party return the advance money back. Opposite party neithert gave any services to complainant nor return advance money to complainant. In absence of any rebuttable evidence case of complainant is prima face prove. There is deficiency of service of opposuite party. Hence prayer id complainant is allowed. 

ORDER

Opposite parties are jointly liable. It is directed to return amount of Rs.3000.00. Further amount of compensation Rs.2000.00 for his suffering mental agony and harassment and cost of proceeding Rs.3000.00 also allowed. Opposite parties are directed to pay the same within 60 days from the date of order. This case disposed as Exparte.