The case of the complainant, in brief, is that he paid an advance of Rs.1,10,300/- to the O.P.-1 vide cheque No. 0776 dated 22/07/2011 drawn on HDFC Bank, 19, Armenian Street, Kolkata-700 001 for booking of ground – 1 off 144, Arupota, E. M. Bypass, Kolkata-700 100 in connection with Tilak Ceremony of the complainant himself  on 09/12/2011. In the 2^nd week of October, 2011 he contacted the O.P. to discuss about the arrangements for the said ceremony as an estimate was demanded by such O.P. to the tune of Rs.5,00,000/- for decoration with flowers, electrical lighting, sound system etc. for the money to be paid before 7 days of the ceremony to O.P. The specific case of the complainant is that he became shocked on hearing of such enormous demand as he did not get any hint about such estimate at the time of booking. Since he was unable to afford such huge amount, he was compelled to cancel the said booking by a letter dated 09/11/2011 and the O.P. returned only Rs.25,000/- vide cheque No. 370679 dated 04/01/2012 in full and final settlement though he deposited Rs.1,10,300/- as an advance. In its letter dated 19/03/2012 the complainant requested the O.Ps. to make refund of the balance dues of Rs.85,300/- but they denied to pay. Hence, this case.

It has been stated in the W.V. filed by the O.Ps. that the complainant was aware of the terms and conditions of the booking and as such once the consent was given and terms were agreed by the complainant through it s booking the complainant cannot deviate and dispute the agreed conditions. Moreover, a copy of the rules was handed over to the complainant at the time of booking which is being suppressed in the petition of complaint filed by the complainant. It has further been stated in the W.V. that as per Service Tax norms, in case of payment received as advance, the service tax is required to be deposited by the 7^th of the next month from the month in which the payment is received and in the instant case, the service tax received on account of booking from the complainant was duly deposited and necessary papers for the same is with the complainant. Furthermore, they had to face the monitory loss for such last moment cancellation of the program but to protect their goodwill and their good gesture they refunded 25% of the money deposited by the complainant and they did not claim the pending money which was supposed to be paid by the complainant. More so the O.Ps. were not liable for such cancellation of booking and they were always ready to provide all sorts of assistance/facilities/services to the complainant and as such the complaint is liable to be dismissed against the O.Ps.

Now, the moot question is to be decided that whether the complainant is entitled to get the refund of the balance amount which was deposited with the O.Ps. or not.

Decision with reasons

Admittedly, the complainant has paid Rs.1,10,300/- by cheque  dated 22/07/2011 as an advance in connection with the booking for the Tilak Ceremony of his own to be held on 09/12/2011. The main contention of the complainant is that in the 2^nd week of October, 2011 he contacted the O.Ps. to discuss about the arrangements to be made by him for the said function and at that time he was told that O.Ps. will make the arrangements for decoration with flowers, electrical lightings, sound system etc. for which he shall have to pay Rs.5,00,000/- before 7 days of the said function. Since he was unable to afford such huge amount he asked the O.Ps. to refund the money through its letter dated 09/11/2011. But  he received only Rs.25,000/- out of Rs.1,10,300/- and as such he demanded the balance money from them.

On the other hand, O.s. alleged that knowing fully well about the terms and conditions of the booking for the venue, the complainant paid advance of Rs.1,10,300/- and due to some unavoidable circumstances of his own he had cancelled such booking vide its  letter dated 09/11/2011. As the complainant is well aware about the agreed terms of booking he cannot dispute the same. O.Ps. also alleged that they had to bear monitory loss for such last minute cancellation. But to protect their goodwill and  their good gesture they refunded 25% of the booking amount which was received by the complainant vide receipt dated 05/01/2012 as full and final settlement of his claim. Thus question of further refund of amount does not arise at all.

Now, we shall have to consider whether any booking slip as part of agreement for booking the said arrangement for decoration with flowers, electrical lights, sound systems etc. After received of Rs.1,10,300/- by acknowledging the receipt by using the letter pad of the O.P. on 22/07/2011.

In this regard we have gone through the record pages after pages but except that money receipt issued on the letter pad of Chandras’ Green Projects by its authorized signatory, no other paper is produced to show that any agreement in between the parties was executed for such booking. So, it is clear that O.Ps. have taken a false plea that agreement has executed between the parties at the time of taking advance on 22/07/2011. So, under any circumstances, O.Ps. cannot claim that as per agreement complainant was aware of the fact that he is only entitled to 25% of the of booking amount and at the same time we are applied our judicial conscience to determine the present consumer dispute and for that purpose we have gathered that O.Ps. have failed to prove the existence of any agreement between the parties in respect of taking booking amount by the O.Ps. and so we are convinced to hold that in fact, no booking slip was issued by the O.Ps. at the time of receipt of booking amount. So, question of deduction of any tax at the time paying booking amount does not arise

It is the settled principle of Law that any sort of tax can be assessed and can be deducted if any invoice/ any bill/any booking slip is issued, but in this case no such document was issued by the O.Ps. for which we are confirmed that agreement was not executed by the parties in this regard but truth is that only Rs.1,10,300/- was received by the O.Ps. on 22/07/2011 acknowledging the same in their letter pad and in that acknowledgement sheet no terms and conditions for deduction of 75% of the said amount for cancellation of booking is noted and then the plea / defence of the O.Ps. is proved a false defence.

Fact remains, complainant prayed   for refund of the entire booking amount, as the program was cancelled the by complainant on 09/11/2011 though the actual date for holding such ceremony was fixed on 09/12/2011. So, it is proved that about one month well in advance complainant cancelled such booking for charging huge amount for such decoration. So, we are confirmed that under any circumstances O.Ps. did not face any loss, rather, O.Ps. to grab the entire deposited amount refunded only 25% of the booking money arbitrarily which is not approved by any principles of Law. We are well aware of the fact that it is the principle of Law that the booking amount should be refunded only after deducting 5% of the total amount, if no, agreement slip is to provide by the service provider (O.Ps.) and in this case, O.Ps. have failed to prove such agreement in between the parties for which legally O.Ps. are bound to refund the total amount of sRs.1,10,300/- after deduction of 5% from the said amount to the complainant and fact remains, complainant already received 25% and balance amount shall be paid by the O.Ps. Rs.85,300/- and out of that Rs.5,300/- is deducted as service charges and so the O.Ps. shall have to pay balance Rs.80,000/- without any fail to the complainant along with compensation and litigation cost as would awarded by this Forum.

Thus complaint succeed.

Hence

Ordered

That  the complaint be and the same is allowed on contest with cost of Rs.5,000/- against the O.Ps.

O.Ps. are directed to pay and refund Rs.80,000/-  and also a compensation for Rs.5,000/- for harassing the complainant and causing mental pain and agony to the complainant  and so in total, O.Ps. shall have to pay Rs.80,000/-  + compensation of Rs.5,000/- + litigation cost of Rs.5,000/- totaling of Rs.90,000/- within one month from the date of this order, failing which, for each day’s delay O.Ps. shall have to pay jointly and severally the punitive damages @ of Rs.250/-  per day till full implementation of this order by the O.Ps. and said amt. shall be paid to the State Consumer Welfare Fund.  

In any event, if the reluctant attitude of the O.Ps. is found in complying of the order of this Forum, in that case, O.Ps. shall be prosecuted u/s-27 of the C.P. Act, 1986.