ORDER

11.06.2024

MS. NIPUR CHANDNA,MEMBER

1. The complainant has filed the present complaint alleging the deficiency in service on the part of OP.
2. In brief facts of the complaint are that complainant is the niece of Mr. kamal Bhatia who is the resident of Sadhaura, Haryana. Mr. Kamal Bhatia’s daughter Ms. Tanya was engaged and at the request of groom’s family the marriage function was to be performed at Ambala. Mr. Kamal Bhatia requested complainant to find a suitable lawn/banquet for the marriage function of his daughter.
3. On 07.01.2024, complainant approached OP for booking of marriage function of Ms. Tanya which was scheduled on 18.04.2024. The OP agreed to receive the booking in night on 18.04.2024 and quoted the sum of Rs. 4,20,000/- for performing the marriage function which included DJ, decoration and food for 240 persons. The complainant paid advance amount of Rs. 1 Lakh out of which Rs. 50,000/- was paid by cash and remaining amount was transferred  from the account vide UPI transaction ID dated 08.01.2024.
4. Due to unforeseen circumstances which were beyond the control of the complainant, the marriage ceremony of Ms. Tanya was cancelled and consequently on 26.02.2024 complainant immediately approached OP and requested it to refund the amount deposited. The OP sought some time for refund. The complainant continuously approached OP for getting refund of the deposit amount but under one pretext or the other Op linger on the matter and suddenly without giving any justified reason OP forfeited the entire amount deposited against the booking and flatly refused to refund the same. The complainant also served legal notice dated 07.05.2024 to the OP thereby calling upon the OP to refund the deposited amount, but all in vain. Being aggrieved by the conduct of OP complainant approached this Commission for redressal of her grievance.
5. The present complaint case is on admission stage. We have heard the arguments advance at the bar by Sh. Vikrant Mehta counsel for complainant and have perused the record.
6. The complainant has placed on record the copy of Aadhar card, copy of party booking, copy of the payment details made to OP, copy of the rent agreement dated 19.03.2024, copy of legal notice dated 07.03.2024 in support of her contention.
7. As per the copy of Aadhar Card placed on record by the complainant the complainant is the resident of H.No. 150, Pakhewal Road Opp. To G.S Properties Near Blessing Resorts, Sarabha Nagar Extn. Basant Avenue, Ludhiana, Punjab-141013. The copy of the party booking documents placed on record by the complainant mentioned the address of OP at Jagadhari Road, Ambala Cantt. The legal notice sent by complainant counsel to OP bears the address of the complainant as H.No. 150, Pakhewal Road Opp. To G.S Properties Near Blessing Resorts, Sarabha Nagar Extn. Basant Avenue, Ludhiana, Punjab-141013 and the address of OP at Jagadhar Road, Ambala Cantt. In the array of the parties complainant mentioned her address as resident of Block No.QU, 180B, Pritampura, Delhi. The complainant has averred in her complainant that she is presently residing at Pritampura and as such part of cause of action arose within the territorial jurisdiction of this Commission. She has placed on record the copy of the Rent Agreement in support of her contention.
8. We have carefully gone through the documents placed on record by the complainant.The address proof of Pritampura, Delhi placed on record by complainant i.e. the Rent Agreement does not have any legal sanctity as it has not been notarized by competent authority. Mere signature of both the parties does not give legal standing to the Rent Agreement placed on record by complainant. Admittedly, as per the Aadhar Card placed on record by the complainant, the complainant is the resident of H.No. 150, Pakhewal Road Opp. To G.S Properties Near Blessing Resorts, Sarabha Nagar Extn. Basant Avenue, Ludhiana, Punjab-141013. The copy of the party booking documents placed on record by the complainant mentioned the address of OP at Jagadhari Road, Ambala Cantt as well as the legal notice sent by complainant counsel to OP bears the address of the complainant as H.No. 150, Pakhewal Road Opp. To G.S Properties Near Blessing Resorts, Sarabha Nagar Extn. Basant Avenue, Ludhiana, Punjab-141013 and the address of OP at Jagadhar Road, Ambala Cantt.
9. In view of the above facts and circumstances, we are of the considered opinion that the complainant has artificially created the territorial jurisdiction of this Commission by placing on record the Rent Agreement for invoking the jurisdiction of this Commission, despite the fact that she is the resident of Ludhiana, Punjab-141013. Since, neither the complainant nor the OP falls within the territorial jurisdiction of this Commission, hence, we are of the considered opinion that the present complaint is not maintainable before this Commission having no territorial jurisdiction, hence dismissed.
10. Copy of the order be given to the complainant 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.

Pronounced on 11.06.2024

Sanjay Kumar                                        Nipur Chandna                     

President                                                            Member