DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 204 / 2021
Shesakanta Rout, Flat – 1401, Tower-11,
Tata Ariana, Kalinga Nagar, Bhubaneswar - 751029
…. Complainant
-Vrs.-
1. General Manager, Hotel Hindusthan International,
A-112, Janapath, Unit -3, Kharvel Nagar,
Bhubaneswar – 751001, Odisha
2. Banquet Manager, Hotel Hindusthan International,
A-112, Janapath, Unit -3, Kharvel Nagar,
Bhubaneswar – 751001, Odisha
…. Opp. Parties
For the complainant : Self
For the O.Ps : Sri B.Das (Adv.)
DATE OF FILING : 18/09/2021
DATE OF ORDER : 27/04/2023
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, he had booked a venue named as Crytal-1 & 2 of the Hotel Hindusthan International, Bhubaneswar for the purpose of marriage reception function which was scheduled to be held on 09/05/2021. For the purpose, he had paid Rs.30,000/- as booking amount to the OPs. As the Govt. of Odisha declared shutdown on 09/05/2021 due to Covid pandemic, the complainant could not hold the marriage reception party at the said venue on the scheduled day i.e. on 09/05/2021. He then asked the General Manager of the hotel Hindusthan International to refund the said booking amount but he did not refund the booking amount to the complainant. Hence this complaint.
3. On the other hand, written version filed by the OPs was not accepted as it was filed beyond the statutory period of 45 days. But the advocate for the OPs participated in the course of hearing.
4 Perused the materials on record. Admittedly, the complainant booked the Crytal-1 & 2 of the Hotel Hindusthan International, Bhubaneswar for the purpose of marriage reception function which was scheduled to be held on 09/05/2021. While booking the said venue, it was brought to the notice of the complainant that, advance payment and security deposit is not refundable. Be that as it may, it is a pure case of contract between the complainant and the OPs. The performance of the contractual obligation on the part of the complainant was not possible due to supervening administrative direction of complete shutdown due to Covid pandemic. Under such situation, the contract becomes void due to impossibility of performance of contract or to say the contract ended by frustration. When the contract becomes void, any benefit received there under by any party, must be restored. Further forfeiture of booking mount in the event of impossibility of the performance of the contract would amount to penalty, which is not permissible under law. Keeping in view the legal position governing the situation, we find that, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed on contest against the OPs. The OPs are liable to refund the booking amount of Rs.30,000/- (Rupees thirty thousand) only to the complainant. Besides, the OPs are further liable to pay compensation of Rs.3,000/- (Rupees three thousand) only towards mental agony suffered by the complainant and a sum of Rs.1000/- (Rupees one thousand) only towards litigation expenses. The order be complied with by the OPs jointly & severally within a period of thirty days 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 27th April, 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
