Delhi

North East

CC/420/2022

Mr. Jitender Kumar - Complainant(s)

Versus

Blessing Bubbles - Opp.Party(s)

23 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.420/22

 

In the matter of:

 

	Mr. Jitender Kumar, S/o Late Shri Ram Nazar Singh Tomar, R/o House No. 17, Gali No. 2, Saboli, Ext. Delhi 110093	Complainant
	Versus
1.         2.	Blessing Bubbles, The Party Lawn, Office Add.: Wazirabad Road, Near Gagan Cinema, Nand Nagri, Delhi 110093   Dinesh Jain (Director) Office Add- Wazirabad Road, Near Gagan Cinema, Nand Nagri, Delhi 110093	Opposite Parties

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

17.11.2022 21.09.2023 23.11.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer Protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had booked the party lawn of the Opposite Parties on 07.02.2021 for marriage function of his younger brother. On the same day, Complainant made an advance payment of Rs. 25,000/- as a token amount to the Opposite Parties. The total amount fixed between the Complainant and the Opposite Parties was Rs. 1,35,000/-. The said party lawn was booked for 24.04.2021. On 19.04.2021, due to pandemic strict down was imposed by the Govt. of India and unfortunately the marriage function was cancelled due to lockdown. It is his case that Complainant communicated the Opposite Parties to refund the advanced money and Opposite Parties promised to the Complainant that they would refund the advanced money within one week. It is his case that after one week Complainant approached the Opposite Parties for refunding the advanced money and then Opposite Parties told that they would pay around Rs. 22,000/- within one or two days and Complainant agreed for the same. Complainant approached many times to Opposite Parties but Opposite Parties did not pay any amount till date and making false commitments. On 21.04.2022, Complainant sent a legal notice to the Opposite Parties and they gave a frivolous, false, concocted and fabricated undated reply to the Complainant. Hence, this shows the deficiency of service on the part of Opposite Parties. Complainant has prayed for Rs. 25,000/- along with interest and Rs. 5,000/- as compensation.
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 23.02.2023.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and written arguments filed by the Complainant.The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Parties are directed to pay jointly and severally an amount of Rs. 25,000/- to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Parties are also directed to pay jointly and severally an amount of Rs. 5,000/- to the Complainant as compensation along with interest @ 9 % p.a. from the date of this order till recovery.

 

6. Order announced on 23.11.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Adarsh Nain)     Member

(Surinder Kumar Sharma) President