KERALA STATE CONSUMER DISPUTES             REDRESSALCOMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

          APPEAL 254/11

JUDGMENT DATED 21.10.2011

PRESENT:-

 JUSTICE SHRI.K.R.UDAYABHANU     :       PRESIDENT 

APPELLANT

M/s. Contour Holiday Resorts Private Limited,

N.S.S.College Union Buildings, Perunna, Changanacherry,

Represented by its Chairman & Managing Director,

N. Suresh,

Kaveri, Puzhavathu,Changanacherry.

       (Rep. by Adv. Sri. B. Ashok kumar & Sreevaraham N. Mahesh)

                                         Vs

RESPONDENT

K.N. Bhuvanendranatha Kamath,

Kanjirathimmoottil, Vattappally, Changanacherry.

          (Rep. by Adv. Sri. K. G. Mohandas Pai)

JUDGMENT

JUSTICE SHRI.  K.R. UDAYABHANU    : PRESIDENT

            The appellants are the opposite parties in C.C. 202/09 in the file of CDRF, Idukki.  The appellants are under orders to refund a sum of Rs. 25,000/- with interest at 9% from the date of payment and also to pay the sum of Rs. 75,000/- as compensation.

It is the case of the complainant that on 11.1.08, he booked the Contour Convention Centre for conducting the marriage of his daughter to be held on 18.5.2008.  Out of the rental of Rs. 50,000/- he paid a sum of Rs. 25,000/- as advance on the same date and receipt obtained.  The marriage invitation card was printed and sent to the relatives and friends.  On 16.2.2008, the complainant received a letter from the opposite party informing that the auditorium has been given on hire to somebody else for the date on 18.5.2008.  A Pay Order for Rs. 25,250/- was also enclosed.  But the name was wrongly mentioned deliberately in the pay order. Mr. Somanadhan Nair, a retired principal of N.S.S. College, Changanacherry met the complainant and offered him compensation to shift the venue of the marriage from the Contour Convention Centre.  The complainant did not agree.  Along the letter of the opposite party there was also a copy of caveat as the opposite party apprehended that the complainant may approach the court of law.  The complainant filed a suit before Munsiff court for an order of permanent prohibitory injunction which was dismissed as a matter related to breach of contract.  The complainant had to conduct marriage in a comparatively small hall in a hurry.  The complainant has sought for a compensation of Rs. 2,00,000/-  apart from return of the amount paid. 

The managing director of the opposite party concern has filed version mentioning that the construction of a particular auditorium along with a Hotel Complex was expected to be completed in November, 2007.  It is denied that he had any personal dealings with the complainant during October, 2007.  During his usual business trips to Bangalore, one Muraleedhar, a business man at Bangalore contacted him and wanted the auditorium for conducting his daughter’s marriage on 18.5.2007.  He paid an advance of Rs. 25,000/- also.   Due to the busy business schedule of the opposite party he forgot to inform the above booking to his office at Changanacherrry.  Whenever he was away,  he used to entrust signed blank cheques and  signed letter heads at his office at Changanacherry   which is managed by a chartered accountant.  It was without having knowledge of the booking of Mr. Muraleedhar that the office staff provided a booking to the complainant in January, 2008.  Immediately on knowing about the above booking, he took steps to cancel the same and return the amount.  The matter was also informed to Mr. Somanathan Nair, the retired principal of N.S.S.College, who is  a near relative of Mr. Muraleedhar.   As Mr Muraledhar has booked the auditorium  in October  2007, he had no other alternative but to provide the auditorium to Mr. Muraleedhar.  The  rest of the allegations and contentions of the complaint are denied. 

The evidence adduced consisted of the proof affidavit filed by the respective  sides and   Exts. A1 to A4, B1 to B8.  As  noted by the Forum.  Ext. A1, Receipt dated 11.1.2008, contains the signature of the opposite party/managing director.  The case of the complainant that he paid the amount of Rs. 25,000/- to the managing director was believed in the above circumstances.  The complainant has also produced Ext. A2 invitation letter of the marriage wherein the venue is mentioned as Contour Convention  Centre.  Evidently the complainant was put to a lot of difficulties as he has to intimate a fresh venue of the marriage to the proposed invitees.  The case of the opposite party that he had already provided booking to Mr. Muraleedharan was rightly disbelieved by the Forum.  The act of the opposite party unilaterally canceling the booking apparently for  accommodating  a business tycoon can not be justified on any grounds.  The action of the  opposite party has resulted in belittling the   status of the complainant in the society and among his relatives, friends, and well wishers.  In the circumstances,   we find that no interference in the order of the Forum is called for.  The order of the Forum is sustained and the appeal is dismissed.  The opposite parties/appellants are directed to make the payment within 2 months from the date of receipt of this order, failing which the complainant will be entitled for interest on the amount of compensation as well as the amount of Rs. 25,000/- @ 12% from 21.10.2011, the date of this order.

In the result, the appeal has dismissed as above.  The office will forward the LCR along with the copy of this order.

                              JUSTICE K.R. UDAYABHANU   :   PRESIDENT

ST