Chandigarh

DF-I

CC/422/2021

Dr. Roop Sidana - Complainant(s)

Versus

Castle Resorts Ltd. - Opp.Party(s)

Sh. Vivek Gupta

26 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/422/2021
Date of Institution	:	01/07/2021
Date of Decision	:	26/10/2023

 

Dr.Roop Sidana aged 65 years S/o Sh.Sohan Lal R/o 67 N Block, Sri Ganganagar.

… Complainant

V E R S U S

1. Castle Resorts Ltd., Quite Office No.5, Cabine No.5, 1^st Floor, Sector-35-A, Chandigarh, through their Branch Manager/Authorized person.
2. The Fort, Ramgarh, Opposite Sector 28, Panchkula, through their Director/Manger/Authorized person.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Sachin Sharma, Advocate for Complainant.
	:	Sh.Satyaveer Singh, Counsel for OPs.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had approached the OP No.1 to avail the services by booking the resort operated by OP No.1. The services availed by the complainant from OP No.1 was for the purpose of the conducting marriage of the daughter of the complainant. As per the rituals, the said marriage was scheduled for 24.05.2020. Consequently, on 06.02.2020 complainant and OPs had finalized the bookings and Rs.2,00,000/- was paid as advance to the OP No.1 (annexure C-1 & C-2). It is also stated that the OPs affirmed that the preparation of the function for which the advance was paid will be initiated 2-3 days prior to the schedule function. After the advance of Rs.2 lakh was paid, the entire country was hit by the Covid-19 pandemic and the entire nation was under complete lockdown w.e.f. 22.03.2020 and everything was restricted because of the said lockdown. As a result, no public function was allowed to be held on 24.05.2020 and the complainant was constrained to solemnize the marriage of his daughter in court without any public gathering/function and same has been intimated by the complainant (Annexure C-3). The OPs neither informed nor refunded the money given by the complainant inspite of repeated requests, reminder and telephonic conversations (Annexure C-4 colly). The complainant sent a legal notice to the OPs on 24.12.2020 (Annexure C-5). Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their written reply and stated that the OPs had already paid the advance amount to its vendors for the said function after receiving the booking amount. The OPs have to pay is vendors such as caterers, decorators and DJ/genset provider in advance as otherwise during season their availability becomes an issue if they are not booked well in advance by making the advance payment. It is very much in the knowledge of the complainant that the advance paid by the complainant was further paid by the OPs to its vendors for the function of the complainant and said payments too are non-refundable. Copy of the payments is annexed as Annexure R-1 to R-3. It is further stated that the OPs were always ready and willing to reschedule the function of the complainant and also ready to adjust the said amount in rescheduled booking by the complainant. On these lines, the case is sought to be defended.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     On perusal of complaint, it is gathered that the main grievance of the complainant is that an advance payment of Rs.2,00,000/- made by him towards marriage function of his daughter was not refunded, by the OPs as the function was cancelled due to Covid-19 pandemic.
7.     It is an admitted fact that the services availed by the complainant from OP No.1 was for the purpose of the conducting marriage of the daughter of the complainant. As per the rituals, the said marriage was scheduled for 24.05.2020. Consequently, on 06.02.2020 complainant and OPs had finalized the bookings and Rs.2,00,000/- was paid as advance to the OP No.1 through cheque (annexure C-1) and receipts of the same were also issued by the OPs on 07.02.2020 (Annexure C-2). It is observed that after the advance of Rs.2 lakh was paid, the entire country was hit by the Covid-19 pandemic and the entire nation was under complete lockdown w.e.f. 22.03.2020 and everything was restricted because of the said lockdown. Though slight relaxations were given by the Government of India to the citizens of the country on 18.05.2020 for the first time, but no public function and gathering were allowed to curb down the pandemic. We are of the view as no public function was allowed to be held on 24.05.2020 and the complainant was constrained to solemnize the marriage of his daughter in court without any public gathering/function, hence by not refunding the advance amount as charged, the OPs have indulged in unfair trade practice and this has caused the mental harassment to the complainant.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹1,80,000/-(₹2,00,000-10% deductible towards Administrative expenses) to the complainant alongwith interest @ 7% per annum from the date of filing of this complaint till realization of the same.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him.
3. to pay ₹7500/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Pending miscellaneous application, if any, also stands disposed of.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
26/10/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Suresh Kumar Sardana]
			Member