DISTRICT CONSUMER DISPUTE REDRESSAL FORUM : NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1028/2014
D.No._______________________ Dated: _______________
IN THE MATTER OF:
VIRENDRA MEDIRATTA,
S/o LATE SH. SOHAN LAL MEDIRATTA,
R/o 3645, SECTOR-23,
GURGAON-122017, (HARYANA). … COMPLAINANT
Versus
M/s HOTEL CITY PARK,
(THROUGH ITS MANAGER),
PITAM PURA, NEW DELHI. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.09.2014
Date of decision: 25.06.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. Complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant booked the Banquet Hall (Sunder Mahal I & II both) of OP on 21.03.2013 for the purpose of solemnization of marriage of his daughter namely Ms. Deepika on 18.11.2013 vide a written application as on that day marriage of the complainant’s
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daughter was fixed. The complainant further alleged that at the time of booking of said Banquet Hall for the said date i.e. 18.11.2013, the complainant deposited a sum of Rs.1,50,000/- to OP by way of cheque and OP agreed to book the said banquet hall for the function of marriage of his daughter @ Rs.1,650/- per person. The complainant further alleged that due to some unavoidable circumstances the marriage of the complainant’s daughter was cancelled for 18.11.2013 and therefore immediately the complainant requested to OP for cancellation of booking of Banquet Hall of OP vide written application dated 24.06.2013 and the same was duly received by OP on 26.06.2013 i.e. four months prior to date of marriage function. However, the complainant further made a request for refund of his advance which was paid at the time of booking of Banquet Hall and the complainant had also sent e-mail to the Manager of OP namely Mr. Sanjay Goel on 15.07.2013 inter-alia again requesting for refund of advance security amount but in vain. Thereafter, the complainant also sent several written letters through speed post on 06.08.2013, 26.09.2013 & 06.11.2013 apart from making request for refund of advance security amount through e-mails but inspite of having being received the same, OP neither refunded the advance security booking amount due to ulterior motive nor replied the same. The
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complainant further alleged that immediatelyafter cancellation of booking of Banquet Hall for 18.11.2013, the said Banquet Hall was got booked by other persons namely Mr. S.P. Singh Nanda and Dinesh Sharma for celebration of Sagan Ceremony and similarly the other part of said Banquet Hall was also got booked by Mr. Vinod Gupta for the said date i.e. 18.11.2013 for celebration of Tikka-Godh Ceremony and due to cancellation of booking of Banquet Halls by the complainant, OP did not suffer any loss and however despite of getting new bookings of the both the Banquet Halls for the same date i.e. 18.11.2013, OP did not bother to refund the advance booking amount of the complainant. The complainant further alleged that the complainant also sent e-mail several times apart from sending of written letters as well as reminders on 15.07.2013, 06.11.2013 & 30.12.2013 but OP did not refund the advance booking amount and the complainant further alleged that the OP has adopted unfair trade practice and there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay to the complainant a total sum of Rs.2,30,250/- which includes Rs.1,50,000/- as booking amount, Rs.29,250/- towards interest @ 18% p.a. from the date of booking and Rs.51,000/- as compensation and damages towards harassment, mental agony, torture and litigation expenses and the
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complainant has also sought pendente-lite as well as future interest @ 18% p.a. till realization of the amount.
3. OP has been contesting the case of the complaint and filed written statementand submitted that the complaint is misconceived, not tenable and is liable to be dismissed as there is no deficiency in service on the part of the OP. OP further submitted that the complainant is not entitled for the refund of the advance booking amount of the Banquet Halls as per contract/agreement letter between the complainant and OP and the parties to it are bound by the terms & conditions of contract/agreement letter and relevant extract of the terms & conditions of contract/agreement letter is as follows: Banquet booking amount is non-refundable/non-adjustable.
4. The complainant filed rejoinder and denied the submissions of the OP and submitted that the OP has taken a false plea.
5. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments.The complainant has also placed on record copy of Banquet Function Contract issued by OP, copy of letter dated 24.06.2013 sent by the complainant to OP, copies of letters dated 06.08.2013, 26.09.2013, 06.11.2013 sent by the complainant to OP through speed post/Regd. A.D. alongwith postal receipts and copies of various e-mail communications between the complainant and OP.
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6. On the other hand, on behalf of OP Sh. Sanjay Goel, Manager Banquet Sales of OP filed his affidavit in evidence which is on the basis of the written statement of the OP. OP has also filed written arguments.
7. This Forum has considered the case of the complainant and OP in the light of evidence of both the parties and documents placed on record by the parties.The case of the complainant has remained consistent throughout and there is nothing on record to disbelieve the case of the complainant. OP has not disputed the version of the complainant that after the cancellation of the booking of the banquet hall of the OP for 18.11.2013, there have been subsequent bookings of the banquet hall of OP for 18.11.2013 for different functions of different customers. So, OP is not justified in contending that loss has been caused to OP due to cancellation of booking by the complainant. Furthermore, there is no justification in the defence of the OP that as per agreement advance booking amount is not liable to be refunded and there is no merits in this defence of OP considering the fact that cancellation of booking was done by the complainant about 5 months prior to the date of booking of the halls. This Forum is of opinion that OP ought to have refunded the booking amount to the complainant which OP has declined. Thus, OP is held guilty of deficiency in service and unfair trade practice.
8. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.1,50,000/- being the advance booking amount already deposited by the complainant.
ii) To pay to the complainant interest amount of Rs.29,250/- w.e.f. 01.07.2013 to 31.07.2014 @ 18% p.a.
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iii) To pay to the complainant an amount of Rs.40,000/- as compensation towards mental agony and harassment caused to the complainant.
iv) To pay to the complainant an amount of Rs.5,000/- to the complainant as litigation cost.
9. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 25thday of June, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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