CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/234/18

          Date of Institution:-   07.06.2018

          Order Reserved on:- 25.01.2024

                     Date of Decision:-     05.03.2024

IN THE MATTER OF:

Rakesh Vij

S/o Sh. Kundan Lal Vij

R/o H.No.-70, Second Floor, Meera Enclave,

Chowkhandi, New Delhi - 110018

.….. Complainant

VERSUS

1. Lohmod Hotel

Through its Partner,

Vinay Chaudhary,

2. Jaiveer Lohia
3. Niranjan Rai
4. Vinay Chaudhary

All At:A-292, Mahipalpur Extn.

NH-8, New Delhi - 110037

  .…..Opposite Party

   ORDER

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that he has booked banquet hall in the Lohmod hotel for two days i.e. 19.04.2018- 21.04.2018 for the marriage of his son. A sum of Rs.61000/- was paid to OP as an advance money for the booking of the banquet hall. On 22.02.2018, the booking was done @Rs.400/- per plate for 120 persons with additional charges of Rs.10,000/- for decoration for 19.04.2018 and for 21.04.2018 the booking of 400 plate @Rs.400/- per plate along with 10 rooms @Rs.1500/- per room was done. On 25.02.2018 the menu was finalized and communicated to OP through phone and email. The OP-4 has cancelled the function 15 days before the final date and told him that they have increased the rate of plate to Rs.700/- and room rent to Rs.2500/- from 01.04.2018. The OP-4 has demanded the balance amount within 3 days failing which booking will be cancelled and advance Rs.61000/- will be forfeited. The conduct of OPs is unreasonable and arbitratrary which amounts to deficiency in service. He did not pay the enhanced amount the OP cancelled the booking and forfeited the enhanced amount. He has suffered immense loss as he has distributed the cards and further made and alternative arrangement at a higher cost. Hence, this complaint.

2. The OP did not file the reply as a result right to file the reply was closed on 09.07.2019 by predecessor bench.

3. The complainant has filed his own affidavit in evidence wherein he has corroborated the version of complaint and placed reliance on documents Ex.CW-1/1 to CW-1/5 which are Annexure-1 to 5 though exhibits are not put on the documents.

4. We have heard the complainant and perused the entire material on record.
5. The material on the record shows that complainant has booked the banquet hall of OP-1 for the marriage of his son from 19.04.2018 till 21.04.2018. The complainant has paid a sum of Rs.61000/- as an advance amount as apparent from the receipts dated 22.02.2018 and 06.03.2018 issued by OP-1. The price of per plate fixed as Rs.400/- per person as apparent from the hand written receipt issued on 22.02.2018 issued by OP. The OPs have allegedly increased the rate of per plate per person as well as tarrif of the room to the detriment of the complainant.

6. The complainant did not pay the increased amount which led to the fore feature of the advance amount paid by the complainant.

7. The complainant has to change the venue and to allegedly reprint the marriage cards. The testimony of complainant has gone unrebutted as OPs have not come forward to contest the complaint and to put forth their case.

8. All this have caused undue harassment and mental tension to the complainant besides the financial loss. The OP should not have charged the enhanced rates once the booking was done in advance. The charging of enhanced rates on the advance booking is against the business practices. The OP has forfeited the advance amount of Rs.61000/- on failure to pay the increase rates. This is not only a deficiency of service but also unfair trade practice.

9. Hence, in view of our discussion, the complaint of the complainant is allowed to the effect that OP shall refund the amount i.e. Rs.61,000/- along with interest @7% p.a. from the date of cancellation of booking till its realization. The complainant has undergone mental agony so he is entitled for compensation on this score also. The OP shall also pay Rs.40,000/- towards compensation on account of mental agony and harassment. The OP shall comply with the order within 45 days from the date of receipt of order failing which complainant is also entitled for interest @7% p.a. on compensation from the date of order till its realization.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 05.03.2024.