ORDER

11.11.2024

SH. RAJESH, MEMBER

1. Present complaint has been preferred by complainant seeking direction to OP to refund Rs. 40,000/- paid on account advance payment for the Banquet Hall of OP booked by complainant.
2. It is stated that on 12.01.2021 the complainant had booked banquet hall of OP for his family function to be held on 29.04.2021 and paid Rs. 40,000/- out of which Rs. 41,000/- was paid through cheque drawn on Punjab National Bank.      
3. It is stated that due to severe corona Pandemic and Delhi Govt. restrictions and number of guests complainant had to cancel the abovesaid function for which emails dated 19.04.2021 and 23.04.2021 were written to OP. However OP paid no heed to written and verbal requests of complainant. Hence the present complaint preferred by complainant seeking refund of advance booking amount with interest, cost and compensation.   
4. Notice was issued to OP, however, OPs neither appeared nor filed Written Statement within statutory period, hence OP was proceeded Ex Parte vide order dated 25.08.2022 by the predecessor Bench.
5. In order to substantiate allegations made in the complaint the complainant has also led his Ex Parte Evidence by way of affidavit reaffirming the averments made in the complaint. 
6. We have heard the complainant and perused the record available before us.
7. Perusal of the facts and allegations made in the complaint by the complainant shows that the complainants paid a sum of Rs. 40,000/- to OP for booking the banquet hall of OP for wedding function to be held on 29.04.2021. However due to Govt. restriction during Covid Pandemic the complainant has to cancel the booking and demanded refund of advance amount from  OP paid to OP. However OP failed to refund the amount to complainant.
8. Complainant has alleged that he paid a sum of Rs. 40,000/- to OP and in order to prove that complainant has paid this sum through Bank A/c Complainant has placed on record Photocopy of Receipt dated 12.01.2021 and Bank Pass book of showing a Debit Entry in favour of OP i.e. Kuber Hospitality dated 15.01.2021 which is a unit of OP as even mentioned on the Receipt issued by OP dated 12.01.2021. 
9. On perusal of the abovementioned Receipt issued by OP dated 12.01.2021 and Bank Pass book issued by Punjab National Bank it is transpired that the plea of the complainant that he paid Rs. 40,000/- is sufficiently proved,
10. On the basis of above observations and discussions we hold that complainant proved that he paid a sum of Rs. 40,000/- to OP, and due to pandemic and Govt. restrictions the function  couldn’t be performed and services of OP couldn’t be availed by complainant therefore he demanded refund from OP which was denied by the OP as such OP is liable for deficiency in service, hence, present Complaint is allowed
11. OP is directed to refund a sum of Rs. 40,000/- on account advance booking amount from date of payment i.e. 12.01.2021 and Rs. 10,000/- as compensation for mental, agony and harassment including cost of litigation to complainant within thirty days of receiving this order failing which entire amount shall carry interest @ 9% p.a. till realization.  
12. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission  on 11.11.2024.

(SANJAY KUMAR )                                             (RAJESH)

PRESIDENT                                                        MEMBER