Dt. of filing- 13/06/2018
Dt. of Judgement- 19/12/2018
Mrs. Sashi Kala Basu, Hon’ble President.
This petition of complaint is filed under section 12 of the Consumer Protection Act, 1986 by the complainant namely Subrata Sarkar against the Opposite Parties namely Krishna Kumar Daga and Ratnadeep Sen alleging rendering of deficiency in service on their part.
The brief facts of the complainant’s case is that he had booked a Wedding Hall for the event which was to be held of 29th November, 2018 and paid an amount of Rs. 30,000/- to OPs as advance consideration for such booking of Hall to OPs. The amount was paid through a cheque being No. 045544 of Axis Bank dated 16.02.2018 in the name of Krishna Kumar Daga the OP No.1 who is the owner of the Hall “Dagavatika” . But due to some personal problem, the complainant was compelled to cancel the event and so he sent a written communication on 23.03.2018 informing the OP No.2 the Manager of the said Hall “Dagavatika” that he had cancelled the booking. He had also verbally informed about cancellation. But no receipt was handed over to the complainant. The complainant had requested several times to return the amount but the same was not returned by the OPs. So the complainant being compelled also sent a notice through his Ld. Advocate to the OP but all in vain. Thus the present complaint has been filed by the complainant for directing the OPs to pay an amount of Rs. 30,000/- and to pay compensation of Rs. 25,000/- for harassment and mental agony and further Rs. 10,000/- as litigation cost.
On perusal of the record it appears that the notices were sent but inspite of its service, no step was taken by the OPs and thus by order dated 18.09.2018 the case was fixed for ex-parte hearing.
The complainant has annexed the copy of the Pass Book showing payment, letter dated 23.03.2018 sent to the OP and copy of the legal notice sent through his Ld. Advocate.
The only point require determination is : Where the complainant is entitled to relief as prayed for ?
Decision with reasons
In order to substantiate his claim regarding payment of Rs. 30,000/- towards the booking of Hall, complainant has filed Pass Book relating to his bank account, wherefrom it appears that a cheque being No. 45544 of Rs. 30,000/- issued in the name of Krishna Kumar Daga was encashed on 27.02.2018. Even though no specific document is forthcoming before this Forum in order to show that the OPs had accepted the said amount towards the booking of Wedding Hall but the payment of such amount to the OP No.1 does substantiate the claim of the complainant in the absence of any contrary evidence . It further appears that the said booking was cancelled by the complainant and same was communicated to O.P by the letter sent on 23.03.2018. It is evident from the letter dated 23.03.2018 that the booking of Wedding Hall was done for which the said advance payment of Rs.30,000/- was made. But the same was cancelled due to cancellation of the event. So on consideration of these documents referred to above, we find that the complainant has been able to establish his case as there is no contrary evidence to rebut and counter the claim of the complainant.
Hence,
ORDERED
That the CC/344/2018 is allowed ex-parte against the OP Nos. 1 & 2. The OPs are directed to refund the amount of Rs. 30,000/- to the complainant and also directed to pay compensation in the form of interest @ 8% Per annum from the date of communication of cancellation of booking to till its realisation. The OP shall also pay Rs. 5,000/- as litigation cost. The above amount shall be paid within two months from the date of this order in default the complainant may realise the same by way of execution through due process of law.
