Date of Filing      : 06.09.2022

                                                                                                                 Date of Disposal : 27.12.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                            .…. PRESIDENT

                  THIRU.J.JAYASHANKAR. B.A.,B.L.,                                                                     ....MEMBER-I

                 THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                           ......MEMBER-II

 

CC. No.165/2022

THIS TUESDAY, THE 27th DAY OF DECEMBER2022

 

Mr.S.Karthikeyan,

S/o.G.Sivabushanam,

residing at No.3, Sri Abirami Illam,

Pilliyar Kovil Street, 

Devaraj Nagar, Anagaputhur,

Chennai.                                                                                             ……Complainant.  

                                                                                 //Vs//

The Manager,

EVP Rajeswari Marriage Hall,

Kummanachavadi, Porur,

Chennai -600 056.                                                                             …..opposite party.

 

Counsel for the complainant                    :   Mr.L.Lakshmi Narayanan, Advocate.

Counsel for the opposite party                   :   exparte 

                         

This complaint is coming before us on various dates and finally on 23.12.2022 in the presence of Mr.Lakshmi Narayanan counsel for the complainant and the opposite party was set exparte for non appearance and non filing of written version on 02.12.2022 and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr. S.M. LATHA MAHESWARI, PRESIDENT

 

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service in not refunding the amount paid towards booking of the marriage hall on cancellation of booking along with a prayer to refund the advance amount of Rs.2,00,000/- towards booking of the opposite party’s marriage hall and to pay a sum of Rs.50,000/- towards compensation for monetary loss, mental agony, hardship strain, inconvenience caused by the act of the opposite party and to pay a sum of Rs.10,000/- towards cost of the proceedings to the complainant.

Summary of facts culminating into complaint:-

The opposite party has booked the marriage hall by paying an advance amount of Rs.2,00,000/- through online in the month of May 2021 vide Standard Charted Bank Transaction ID.No.2105-171521-816300 and ID.No.2105-241505-880900 to the SBI EVP Account No.39213470794 dated 24.05.2021 in two installments.  As the marriage was cancelled within a month the complainant immediately informed the opposite party for cancellation of the booking demanding the return of advance amount.  The consumer grievance letter vide grievance No.2946975 dated 06.09.2021 for refund of the amount was also made by the complainant but the opposite party did not refund the advance.  Hence aggrieved over the non refund of the advance amount after issuance of legal notice dated 21.06.2022 the present complaint has been filed for the following reliefs;

 

To refund the advance amount of Rs.2,00,000/- towards booking of the opposite party’s marriage hall;

 To pay a sum of Rs.50,000/- towards compensation for monetary loss, mental agony, hardship strain, inconvenience by the act of the opposite party;

 To pay a sum of Rs.10,000/- towards cost of the proceedings to the complainant.

 On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A4 on their side. Despite service of notice by post and through paper publication the opposite party remain absent and hence called absent and was set ex-parte on 02.12.2022 for non filing of written version within the mandatory period as prescribed under the statute.

Points for consideration:

Whether the act of the opposite party in not refunding the advance amount even after due intimation of the booking cancellation amounts to deficiency in service and whether the same has been successfully proved by the complainant?

If so to what relief the complainant is entitled?

  Point:1

The following documents were filed on the side of complainant in support of her contentions;

Notice lodged Consumer Grievance through G mail dated 06.09.2021 was marked as Ex.A1;

INGRAM Grievance details 28.09.2021 was marked as Ex.A2;

Legal notice issued by the complainant’s counsel to the opposite party dated 22.06.2022 was marked as Ex.A3;

 Returned cover from the opposite party with a reason refused dated 24.06.2022 was marked as Ex.A4;

Heard the oral arguments adduced by the learned counsel appearing for the complainant and perused the documents and pleadings submitted by them.

 It was the specific case of the complainant that he booked the marriage hall of the opposite party for his daughter‘s marriage to be held on 16.09.2021.  As requested by the opposite party the complainant had also paid an amount of Rs.2,00,000/- as advance in the month of May 2021 by online.  As the marriage was cancelled the same was immediately intimated to the opposite party and refund of advance amount sought for. But the same was not made by the opposite party in spite of several requests.  Hence it was argued by the learned counsel appearing for the complainant that the act of the opposite party in not refunding the amount is a clear deficiency in service and unfair trade practice and he sought for the complaint to be allowed as prayed for.

On appreciation of the materials it is clear that vide Ex.A3 the legal notice sent by the complainant to the opposite party that the cancellation of marriage was duly intimated to the opposite party within a month of booking done for the marriage hall. Further the email correspondences dated 01.07.2021, 04.07.2021, 07.07.2021 and 21.07.2021 clearly proves that the complainant had sought for the refund of advance amount on cancellation of booking.  The Consumer Grievance dated 06.09.2021 was also produced by the complainant to show that the opposite party failed to refund the amount in spite of repeated demands made by the complainant.  Hence, when the cancellation of booking has been intimated immediately i.e. within a month of booking date to the opposite party this commission is of the view that it is the duty and fair enought on the part of the opposite party to refund the booking advance amount as no damage has been caused to them and the marriage hall is very well available for any further bookings.  In such circumstances the opposite party remaining dormant without giving any reply to the legal notice and also without refunding the amount amounts to clear deficiency in service, when it is amply clear vide their own email dated 25.05.2021 that they have received the advance payment of Rs.2,00,000/-.  Thus, we answer the point accordingly holding that the complainant had clearly proved that the act of the opposite party was clear deficiency in service by not refunding the amount. Not returning the amount for more than one and half years is a clear unfair trade practice on the part of the opposite party. Point 1 answered accordingly in favour of the complainant.   

Point No.2:-

As it is made amply clear that the complainant had paid Rs.2,00,000/- towards advance booking by online transactions and as we held above that the opposite party had committed deficiency in service and unfair trade practice in not refunding the amount in spite of timely intimation about the cancellation of booking, we hold that the complainant is entitled for refund of the amount along with compensation for the mental agony and hardship experienced by them.  Thus we direct the opposite party to pay Rs.50,000/- as compensation along with the return of the amount of Rs.2,00,000/- and also to pay a sum of Rs.10,000/- towards cost of the proceedings to the complainant.

 In the result, the complaint is allowed against the opposite party directing him 

a) to refund the advance amount of Rs.2,00,000/- (Rupees two lakhs only) to the complainant within four weeks from the date of receipt of copy of this order failing which, the said amount shall carry an interest rate of 9% from the date of complaint till realization;

b) to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony caused to the complainant;

c)  to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant. 

 Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 27th day of December 2022.

 

       -Sd-                                                         -Sd-                                                     -Sd-

MEMBER-II                                              MEMBER I                                    PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 06.09.2021 Notice lodged consumer grievance through gmail. Xerox

Ex.A2 28.09.2021 INGRAM Grievance details. Xerox

Ex.A3 22.06.2022 Legal notice issued by the complainant’s counsel to the opposite party. Xerox

Ex.A4 24.06.2022 Returned cover from opposite party with a reason refused. Xerox

 

List of documents filed by the opposite party:-

 

 

Nil

 

 

      -Sd-                                                      -Sd-                                                  -Sd-

MEMBER-II                                          MEMBER I                                     PRESIDENT