DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 179 of 16-04-2012
Decided on 03-08-2012
Beant Singh aged about 52 years son of Sh.Gulzari Lal, resident of MIG-65, Model Town, Phase-I, Bathinda, Tehsil and District Bathinda.
........Complainant
Versus
Bathinda Development Authority, Bathinda, through its Chief Administrator;
The Chief Administrator, Bathinda Development Authority, Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Gurpreet Singh counsel for the complainant.
For Opposite parties: Sh.Jasbir Singh, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant had booked Community Centre for two days w.e.f 18.11.2011 to 19.11.2011 as the marriage of his daughter was fixed on 19.11.2011, the same was booked for the stay of marriage the party he had paid Rs.49,000/- vide bank draft No.024906 dated 3.8.2011 of HDFC Bank, Bathinda and in addition to it, Rs.2,000/- was charged and got deposited from the complainant by the opposite parties for cleanliness of the said Community Centre and in this way, they got Rs.51,000/- from the complainant in total. The complainant alleged that there was no arrangements of cleanliness, water, stay of marriage party in the said Community Centre and it was brought to the notice of their concerned Manager and he told the complainant to shift the marriage party to some other place after inspecting the hall and had assured the complainant that he will get refund of the entire amount of Rs.51,000/- to him. The Community Centre, which was booked by the complainant with the opposite parties, was not used by him and he had to shift the marriage party to some other place due to the said non-arrangements in the said marriage hall. On the oral and written request of the complainant on 22.11.2011, the opposite parties have refunded the amount of Rs.35,000/- out of the total amount of Rs.51,000/- and the payment of remaining amount is Rs.16,000/- has been withheld with the opposite parties without any reason. The complainant has not used the Community Centre at all and he had to shift the marriage party to some other place due to the aforesaid reasons and this act of the opposite parties amounts to deficiency in service and unfair trade practice on their part. The complainant repeatedly requested the opposite parties to make the payment of the remaining amount of Rs.16,000/- to him but to no effect and complainant has also got served a legal notice dated 24.3.2012, but the opposite parties neither paid the balance amount nor submitted any reply to the notice. Ultimately, a few days back, the opposite parties flatly refused to accede to the request of the complainant. Hence, the complainant has filed the present complaint for seeking the directions of this Forum to the opposite parties to refund the amount of Rs.16,000/- alongwith cost and compensation.
2. The notice was issued to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement and have pleaded that the complainant was aware about the spacious accommodation which was suitable and after considering it proper, he has got deposited the money as ear marked/assessed by the Chief Administrator PUDA during the meeting dated 2.12.2010. The complainant occupied the Community Centre of Phase III whole of the day means 18.11.2011 and has availed the facility and even has not made any complaint or protest with the higher authorities though it was Friday and the office was open. Even in the intervening night of 18.11.2011 and 19.11.2011 he has abandoned the Community Centre and reported by Sukhmander Singh Chowkidar deployed at the Community Centre even without informing anybody. Thus, in this way the complainant has caused a financial loss to the opposite parties. The opposite parties have already refunded Rs.35,000/- to the complainant. As reported by the Chowkidar Sukhmander Singh, the complainant has utilized the Community Centre on 18.11.2011 but abandoned the same in the late night and only day charges of Rs.12,000/- has been deducted from the deposit Rs.2,000/- for electricity and other amount of Rs.2,000/- has been charged for rooms as well as sanitation charges. Due to abandonment of the Community Centre without assigning any reason the opposite parties have suffered financial loss because they cannot make immediate booking.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The disputed facts between the parties are that the complainant had got booked Community Centre, situated in Phase-3, Bathinda of opposite parties for 2 days for the marriage of his daughter on 19.11.2011, w.e.f. 18.11.2011 to 19.11.2011 for the stay of the marriage party and deposited the amount of Rs.49,000/- vide bank draft No.024906 dated 3.8.2011 and Rs.2,000/- for cleanliness etc. As such, he has paid the total amount of Rs.51,000/- to the opposite parties. The opposite parties have refunded the amount of Rs.35,000/- to the complainant.
6. The complainant has filed the present complaint for seeking the refund of Rs.16,000/- as Rs.35,000/- has already been refunded to him on the account that in the said community hall no arrangements of cleanliness, water, stay of marriage party. It was brought to the notice of their concerned Manager and told to the complainant to shift the marriage party to some other place after inspecting the hall, he had also assured the complainant that the full amount of Rs.51,000/- be refunded to him. The Community hall booked by him, was not used by him and he had to shift the marriage party to some other place due to the non-arrangements.
7. The opposite parties on the other hand submitted that the complainant had booked the said marriage hall after satisfying himself about the spacious accommodation which was suitable for the complainant and after considering it proper, he has deposited the money as ear marked/assessed by the Chief Administrator PUDA during the meeting dated 2.12.2010. The complainant occupied the Community Centre of Phase III whole of the day i.e. on 18.11.2011 and has availed the facility and has not made any complaint or protest with the higher authorities though it was Friday and the office was open in the intervening night of 18/19/11/2011. He abandoned the Community Centre and Chowkidar Sukhmander Singh reported that the complainant has abandoned the Community Centre without informing anybody. Keeping a lenient view the opposite parties amount of Rs.35,000/- has already been refunded to the complainant and Rs.12,000/- has been deducted on account of one day stay charges as the complainant had left the community hall late in night. Rs.2,000/- was deposited on account of electricity and other amount of Rs.2,000/- has been charged for sanitation of rooms charges. The opposite parties have suffered the loss as the complainant has left the community hall without intimating to any of the officials of the opposite parties.
8. The complainant has moved an application dated 22.11.2011 to Chief Administrator PUDA that due to non-arrangements of cleanliness, water, stay of marriage party, he had to shift the marriage party to some other place. The complainant has written in the same application that J.E Lachhman Singh has visited the community hall and checked it. The complainant has not placed on file any evidence regarding the non supply of water and cleanliness or lack of facilities or non-arrangements. There were so many persons in the marriage party. The complainant could have placed on file his affidavit to prove his version but he has not brought even a single affidavit of any of the member of the marriage party to prove his allegations. Moreover, the onus lies on the complainant himself to prove his version with cogent and convincing evidence. Furthermore, the complainant has occupied the community hall on 18.11.2011 since morning till late evening as per the report of Chowkidar Sukhmander Singh and has left the community hall late in the night without informing the opposite parties. The complainant has not made any effort to get cancelled the booking of the said community centre booked for 19.11.2011.
9. Therefore, in view of what has been discussed above, there is no deficiency on the part of the opposite parties. Thus, this complaint is hereby dismissed without any order as to cost.
10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
03-08-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
