By Sri. MOHANDASAN.K, PRESIDENT
The case of the complainant is as follows: -
1. The complainant decided to conduct the marriage function of his son on 23/05/2020 and the reception was arranged at Nilambur Teak Town resort open space. The son of the complainant contacted the opposite party event management team and arranged reception. The complainant entrusted the opposite party for conducting the reception for Rs.1,60,000/-. The first opposite party and his wife reached at the residence of the complainant on 15/03/2020 on the way to Ootty and received Rs.35,000/- from the complainant. The opposite party issued the receipt for the same in the name of the son of the complainant. But later due to covid 19 the central government declared lock down throughout India on 24/03/2020 and the state government declared lock down on 23/03/2020. So, the complainant compelled to cancel the marriage reception. Moreover, there was uncertainty in the arrival of his son Mr. Joyal jojo who was employed abroad during the period and the air service was cancelled
2. The complainant informed the opposite party about the cancellation of marriage function which was planned to be held on 23/05/2020. The said information was forward to the opposite party on 23/03/2020 itself. The complainant also requested to refund the advance amount of Rs.35,000/-. The complainant informed his willingness to adjust 5,000/- rupees towards the expenses of the opposite party if at all incurred anything towards the transaction. But the opposite party refused to refund the advance amount which is against the policy declared by the governments during the covid pandemic period. Hence it appears there is no any sort of loss is sustained to the opposite party and so the opposite party is liable to refund the amount. The cancellation of reception is not at all due to any sort of default on the part of the complainant. The advance amount paid to the Nilambur Teak town resort has been refunded already. Hence the opposite party is liable to refund the advance amount of Rs.35,000/- along with cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite parties but the opposite parties did not turn up. The notice against the opposite parties were affected through publication also. Even then the opposite parties did not turn up hence they set exparte.
4. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 and A2. Ext. A1 is copy of payment receipt dated 23/05/2020. Ext. A2 is copy of receipt issued by Vazhikadavu police station dated 30/03/2020. There is no contra evidence against the affidavit and documents of the complainant. Hence the complaint stands proved. The documents Ext. A1 and A2 establish the claim of complainant is genuine one. There is defective service from the side of opposite party and so the complainant is entitled the refund amount of the advance payment.
Hence, we allow this complaint as follows: -
- The opposite parties are directed to refund Rs.35,000/- (Rupees Thirty-five thousand only) to the complainant.
- The opposite parties directed to pay Rs.10,000/- (Rupees ten thousand only) as cost of the proceedings.
The opposite parties are liable to comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled for interest at the rate of 12% per annum for the above said amount of Rs.45,000/- (Rupees forty five thousand only) from the date of order to till date of payment .
Dated this 30th day of June , 2023.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1and A2.
Ext.A1: copy of payment receipt dated 23/05/2020
Ext.A2: receipt issued by Vazhikadavu police station dated 30/03/2020.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
