Case No.CC/234/2022

      Date of Institution: -04.08.2022

        Order Reserved on: - 12.08.2024

           Date of Order: - 29.11.2024

IN THE MATTER OF:

Mr. Joseph Umar

S/o Late Mr. Irshad Ahmad Khan,

R/o A-46, Jhajjar House,

West Gorakh Park Extn.,

DDA Colony, Shahdara,

Delhi – 110032.

          …..Complainant

Versus

1. M/s. Lavanya Grand (Luxury)

Through authorized Representative/Signatory,

Banquet Hall, C-144, Mayapuri Rd.,

Mayapuri Industrial Area, Phase-II,

Mayapuri, New Delhi – 110064.

2. Ms. Kavita

Representative of Lavanya Grand (Luxury)

Banquet Hall, C-144, Mayapuri Rd.,

Mayapuri Industrial Area, Phase-II,

Mayapuri, New Delhi – 110064.

..…Opposite Parties

O R D E R

DR. HARSHALI KAUR, MEMBER

1. Briefly stated, the facts of the complaint are that the Complainant booked the banquet hall of OP-1 through OP-2, AR/Signatory of OP-1, for the marriage dinner of his daughter on 15.05.2022. The marriage of the Complainant's daughter was to be solemnised on 05.10.2022. The Complainant paid a sum of Rs.1 lakh on the request of OP-2 towards the advance payment for booking a banquet hall at OP-1 and was also issued a receipt towards the payment dated 15.05.2022 (Annexure-C).
2. Consequently, due to unavoidable circumstances, the Complainant states that he cancelled the function of his daughter's marriage to be held in OP-1 on 05.10.2022. The Complainant states that he informed both OP-1 and 2 on 20.05.2022, i.e. within 5 days of booking, and sent a message on WhatsApp and an email on 25.05.2022 to the OPs (Annexure-D Colly). He further filled out the form on their website (Annexure-E) regarding the cancellation and for a refund of his advance booking payment and interest.
3. The Complainant did not get any response from either of the OPs and hence sent a legal demand notice on 03.06.2022, which the Complainant states the OPs "refused" (Annexure-F Colly) and also sent an email (Annexure-G) towards the same on 07.06.2022 to no avail. He thus filed the present complaint as a last recourse before this Commission, alleging deficiency in service on the part of the OPs.
4. The Complainant prays for directions to the OPs to jointly and severally refund him the amount of Rs.1 lakh paid as booking advance amount for the banquet hall at OP-1, Rs.4 lakh towards compensation for mental and emotional harassment along with interest @24% p.a. and Rs.11,000/- towards litigation cost as given in the amended complaint filed by the Complainant.
5. Notice was sent to the OPs; however, no one has appeared to contest the complaint. The Complainant thereafter filed adequate proof of service. OP-1 and 2 were thus proceeded ex-parte vide order dated 17.03.2023. The Complainant filed his affidavit in evidence and written arguments, reiterating the averments as made in his complaint.
6. We have heard the Ld. Counsel for the Complainant and have also carefully gone through the facts and circumstances of the present complaint and perused the documents proved on record by the Complainant to substantiate his testimony.
7. We find that the Complainant booked the banquet hall of OP-1 situated at Mayapuri on 15.05.2022 to organise a dinner for the marriage of his daughter to be held on 05.10.2022. He paid Rs.1 lakh as an advance payment for booking the banquet hall at OP-1 on the alleged insistence of OP-2, the AR/executive of OP-1.
8. It is the Complainant's statement that he cancelled his booking within 05 days on 20.05.2022 by sending a WhatsApp message to the mobile numbers given to him. He further emailed the OP on 25.05.2022 and also filled out a form on the OP-1 website to cancel the event. Receiving no response or positive action from the OPs, the Complainant sent an email dated 03.06.2022 to OP-1 and 2 seeking a refund of his paid amount and interest. However, the same was returned as per his own statement. Thereafter, the Complainant sent a legal notice via email on 07.06.2022. The Complainant has also annexed the copy of the legal notice Annexure-H & page no.23 sent to the number of Ms. Kavita, i.e. OP-2, via WhatsApp, to no avail.
9. The bare perusal of Annexure-D Colly shows that the Complainant has sent an elaborate message to one Ms. Lavanya detailing his grievance. However, no proof of her connection to OP-1 or OP-2 has been annexed. It is not possible to authenticate the relationship of Ms. Lavanya, to whom he has sent the WhatsApp message, to OP-1 or OP-2 in the absence of any cogent evidence. Similarly, he has annexed the screenshot of the website (Annexure- E) of OP-1 instead of the cancellation form he claims to have filed. Further, the Complainant has admitted that his legal notice was returned unserved.
10. Hence, the Complainant's testimony that he informed the OPs within 5 days regarding the cancellation is unsubstantiated in the absence of any cogent evidence.
11. In our view, the Complainant informed OP-2 via WhatsApp that he was cancelling his event and seeking a refund of his paid amount on 07.06.2022, 23 days after the booking on 15.05.2022 duly received by her on her mobile number given on the visiting card of OP-1, which the Complainant has annexed with his complaint.
12. Since the OPs are ex-parte, we have no reason to disbelieve the Complainant's unrebutted and uncontroverted testimony.
13. In light of the discussion above, we allow the complaint and hold OP-1 and 2 guilty of deficient service as despite knowing that the Complainant was cancelling the event on 07.06.2022, i.e., in less than a month after booking the banquet hall and much before the date of the proposed ceremony on 05.10.2022 after paying a sum of Rs.1 lakh as advance booking on 15.05.2022 itself,  the OP did not refund the money which they would have utilised along with interest accrued to the said amount.
14. Hence, we direct the OPs to jointly and severally refund to the Complainant the sum of Rs.1 lakh along with interest @ 9% p.a. from 07.06.2022 till its realisation, including compensation and litigation cost. No further order as to cost as the interest granted in the present complaint shall adequately meet the ends of justice. No further order as to cost and compensation.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 29.11.2024.