DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.113/2020
JITENDERA AGAL,
S/O LATE SHRI NARAYAN SWARUP AGAL,
R/O 105, NEW RAJDHANI ENCLAVE,
VIKAS MARG, NEW DELHI-110092
….Complainant
Versus
- BEL-LA MONDE HOTELS PRIVATE LIMITED,
REGD. OFF. AT,
KH NO. 1087/1088/1089/1090,
KHARAK ROAD SAHOORPUR, SATBARI,
SOUTH WEST, NEW DELHI-110074.
Through, Directors
- Rajiv SUD (DIN:00319220)
- GURMEET MOKHA SINGH (DIN:06375919)
- MANDEEP SINGH (Din: 06375935)
(AT, CHATTARPUR MANDIR RD,
SHAHOORPUR EXTENSION, IIPM
SAT BARI, NEW DELHI-110074
….Opposite Parties
Date of Institution : 31.08.2020
Date of Order : 25.04.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
1. Succinctly put ,Complainant made an advance payment of Rs. 50,000/- in cash, for the Roka ceremony of his daughter to BEL-LA Monde Hotels, hereinafter referred to as OP. Complainant was given a total estimate of Rs. 1,71,300/-, out of which Rs. 50,000/- was paid.
2. Roka Ceremony of the Complainant’s daughter was to be performed on 05.04.2020 which was the period of Global Pandemic , Covid-19. Government of India had strictly banned all functions or public gatherings from 23.3.2020 due to the Pandemic. In the wake of force majeure of Covid-19 , Complainant sought refund from OP as the Roka Ceremony of the Complainant could not have been performed at OP’s venue. Considering the uncertain circumstances the Complainant held a private Roka Ceremony with only family members at his home.
3. It is stated that the Complainant was told by the representative of OP that in case the Complainant holds any ceremony at their venue the above stated amount shall be adjusted in the future bill. The Pandemic scenario was such that the Complainant was not willing to hold any future ceremonies in the venue of OP therefore refund of Rs 50,000/- was sought from OP but to no avail.
4. As OP paid no heed to the request of refund, Complainant by virtue of his complaint prays for direction to OP to refund the amount of Rs. 50,000/- alongwith interest @ 18% p.a. Additionally it is prayed for directions to OP to pay Rs. 50,000/- towards compensation, mental agony and Rs. 50,000/- towards the cost of litigation.
5. OP was duly served and despite service none appeared on behalf of OP therefore OP was proceeded exparte vide order dated 12.07.2022. Evidence by way of affidavit and Written submissions are filed on behalf of the Complainant. Oral submissions are heard and material placed on record is perused.
6. Averments made in the complaint have remained uncontroverted and unchallenged therefore there is no reason to disbelieve the version of the Complainant.
7. Receipt of the payment of Rs. 50,000/- in cash on 03.03.2020 is appended at page-17 of the complaint. It is clear that on the date of the function/Roka Ceremony of Complainant’s daughter i.e. 05.04.2020 there was global pandemic and pursuant to that Government of India had issued notifications stopping all public gatherings and functions. We find OP to be indulging in unfair trade practice by not refunding the advance payment as the function/Roka Ceremony of the Complainant could not be conducted due to unforeseeable circumstances and not because of any personal reasons. Complainant cannot be held responsible for the Act of God therefore OP is not allowed to keep the money for which the services were not rendered.
8. In view of the aforesaid facts and circumstances we allow the complaint and direct OP to refund the amount of Rs. 50,000/- along with interest @ 6% p.a. from the date of payment made i.e. 03.03.2020 within three months from the date of receipt of the order, failing which OP shall pay the above stated amount @ 9% p.a interest till realization. Additionally OP is directed to pay Rs. 20,000/- towards mental agony, harassment and litigation.
File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website.
