Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                    Complaint No. : 334.

                                                                    Instituted on     : 03.06.2022

                                                                    Decided on      : 30.07.2024.

RajinderChitkara age 63 years son of Sh. CharanDassChitkara resident of House no.....Mansarover Colony, Rohtak.

                                                                             ………..Complainant.

                                                Vs.

HarjaisRohtakHabitate Centre, Friends Colony, Sector-28, Delhi Road, NH 10, Rohtak(Haryana) through its proprietor.

                                                                            ……….Opposite party.

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Sh.LalitNayyar, Advocate for complainant.

Sh.G.K.Lalit, Advocate for opposite party.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

2.                After registration of complaint, notice was issued to the opposite party. Opposite party filed its reply submitting therein that the complainant visited on 30.01.2021 and booking was made on the same day. The respondent acknowledged the receipt in advance of an amount of Rs.50000/- as confirmation of the booking for the reception. Total tentative bill amount has to be deposited 30 days prior to the event. However opposite party expect to settle the bills before check out positively on account of Misc. charges, if any. Advance is neither adjustable nor refundable or transferable, in any case of cancellation, whatsoever is the reason. The booking was confirmed and further could be modified as per Govt. regulations for Covid-19.  The complainant was supposed to deposit balance of Rs.210000/- as tentative cost before 30 days of the event as per terms, but the complainant kept on delaying. On 12th April the complainant called & informed about cancelling the booking on phone.  The respondent shared the concern with the complainant on Whatsapp as well as on mail. As per terms & conditions of the booking,  “The booking for party is confirmed subject to a minimum deposit of 50% advance payment at the time of confirmation of the booking. In the absence of any such advance no booking will be considered as confirmed. Balance 50% of the payment to be paid 30 days before the function day & final account to be settled before check out”. The complainant cancelled the booking and requested for refund of his advance, but it was denied, because of terms of contract.  The respondent refused to refund the advance, legally, as after cancellation the advance was forfeited. The respondent has suffered a huge monetary loss due to cancellation of event by the complainant because the respondent could not find any other booking for the same date. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.CW1 to Ex.CW/5, and closed his evidence on 03.08.2023. On the other hand, ld. counsel for the opposite partyhas tendered affidavit Ex.RW1/A, document Ex.R1 to Ex.R5 and closed his evidence on 09.04.2024.

4.                We have heard ld. counsel for the parties and have gone through the material aspect of the case very carefully.

5.                In the present case it is not disputed that the complainant has paid an amount of Rs.50000/- to the opposite party as advance money on 31.01.2021 for booking of banquet hall of opposite party for reception which was fixed for 26.04.2021. The same is proved from the booking form Ex.CW2 and is also admitted by the opposite party in its written statement.. The grievance of the complainant is that due to outbreak of Covid-19 in the country, the Govt. has restricted the gatherings. As per order dated 04.04.2021, the Govt. of Haryana had imposed restrictions on gathering. “In indoor, a maximum of 50 percent of the hall capacity will be allowed with a ceiling of 200 persons.” The complainant had made booking for 300-310 persons, so it was not possible for the complainant to conduct the function on that date. So he requested the opposite party to refund the amount deposited by the him on account of token money.  But despite repeated requests of the complainant, booking amount has not been refunded to the complainant.   We have also perused the instructions issued by the Govt. of Haryana as well as Govt. of India, placed on record as Ex.CW3 to Ex.CW5, as per which the Govt. had imposed restrictions on gatherings and directed to take effective measures for ensuring social distancing so as to prevent the spread of Covid-19 in the country. Hence from the alleged guidelines of the Government, it is proved that complainant has cancelled the booking due to spread of Covid-19 in the country and due to restrictions imposed by the Government. On the other hand, contention of the opposite parties is that there is no deficiency in service on the part of opposite parties rather the complainant has caused a loss to the respondent due to cancellation of event as they could not find any other booking for the same date.   In this regard it is observed that the cancellation of booking was not in the hands of complainant. The complainant had cancelled the booking under the compelling circumstances due to restrictions of the Government. Hence the non-refund of booking amount by the opposite party amounts to deficiency in service and opposite party is liable to refund the amount of complainant.

6.                In  view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the amount of Rs.50000/-(Rupees fifty thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 03.06.2022 till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.

7.                Copy of this order be supplied to both the parties free of costs.

File be consigned to the record room after due compliance.

Announced in open court:

30.07.2024

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          TriptiPannu, Member.

                                                                        ……………………………….

                                                                        Vijender Singh, Member.