Haryana

Ambala

CC/176/2023

VISHAL SHARMA. - Complainant(s)

Versus

LUCKY FARM'S UNIT OF RED APPLE RESORTS AMBALA. - Opp.Party(s)

DEEPAK LAKHANPAL.

12 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	176 of 2023
Date of Institution	:	12.05.2023
Date of decision	:	12.02.2024

Vishal Sharma S/o Shashi Pal Sharma R/o H/No- 353, Prem Nagar, Ambala City.

          ……. Complainant.

Versus

1. Lucky Farm's Unit of Red Apple Resorts Ambala Jagadhri Road, Ambala Cantt. Thought its Pro. Paras Verma
2. Paras Verma Proprietor/ owner lucky farm/s Unit of Red Apple Resorts Ambala Jagadhri Road, Ambala Cantt

….….  Opposite Parties

Before:       Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Deepak Lakhanpal, Advocate, counsel for the complainant.                                                                                                                      OPs already ex parte vide order dated 25.07.2023.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.3,10,000/-, received from the complainant along with interest @ 24% p.a. from the date of the receipt till its realization.
2. To pay the amount of Rs.50,000/- as harassment, mental pain, agony being suffered by the complainant
3.  To pay litigation expenses to the complainant
4. OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the marriage of the sister of the complainant named Neha Sharma was fixed for 16/02/2021 with Mr. Vikas Bhalla S/o late Sh. Devinder Bhalla for 16/02/2021 and it was decided between complainant and his future brother in law (jija) that the marriage be solemnized in Ambala Cantt. Under those circumstances, the complainant contacted OP No.2 for booking of palace i.e. Lucky Farm House. Total amount of Rs.3.70 lacs was fixed to be paid by the complainant to the OPs.  Rs.90,000/- as token money was paid to the OPs on 18/10/2020 against receipt no.302 dated 18/10/2020. Thereafter on 21/01/202 and 22/01/2021 the complainant transferred more amount to the OPs, through online mode. On 13/02/2021 Mr. Paras made a phone call to the complainant and asked for payment of Rs.1 lac for catering and as such gave caterer’s mobile no. 94664-13508. However, after making phone call on the said number, the complainant came to know that Bharat Bhusan S/o Avinashi Dass R/o H/no- 6147/7, Niklsan Road, Ambala Cantt is owner of kitchen expert and restaurant and also working part time caterer, who usually takes caterer from lucky farm house. As such, the complainant paid Rs.1 lac to the caterer-Bharat Bhusan and in this way the total amount of Rs.3,10,000/- stood received by the OPs from the complainant.
3.           However, unfortunately Mr. Devinder Bhalla father of the Vikas Bhalla who is complainant’s brother in law (Jija) died before one day of marriage unnaturally and the marriage was cancelled due to this mis-happening. The said fact was informed to the OPs and request was made to refund the amount paid, upon which the OPs assured to refund the said amount within 15 days but they did not do so.  Thereafter, the complainant move an application to SP Ambala, in the matter and the application was transferred to Police Station Mahesh Nagar, for further investigation before whom the complainant and the OPs made statement. However, despite that nothing was paid by the OPs to the complainant.  Hence this complaint.
4.           Upon notice, none appeared on behalf of the OPs No.1 & 2, before this Commission, therefore, they were proceeded against ex-parte vide order dated 25.07.2023.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-1 alongwith documents as Annexure P-1 to P-18 and closed the evidence on behalf of the complainant.
6.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
7.           Learned counsel for the complainant submitted that despite the fact that the OPs committed to refund the amount received by the complainant, as marriage cannot be solemnized after death of his relative, yet, by not refunding the same, especially when no services were provided by them, the OPs are deficient in providing service and indulged into unfair trade practice.
8.           The moot question which falls for consideration is, as to whether, the complainant is entitled to get any relief in this case or not. It may be stated here that to prove his case, the complainant has placed on record the receipt dated 21.01.2021, Annexure P-1 in the sum of Rs.1,20,000/-, receipt dated 18.10.2020 in the sum of Rs.90,000/- and summary of account, Annexure P-3 showing transfer of Rs.20000/- and Rs.80000/- on 21.01.2021 and 22.01.2021 i.e. totalling Rs.3,10,000/- stood paid by him to the OPs, in the manner explained in his complaint, for solemnizing marriage of his sister. The complainant has also placed on record death certificate Annexure P-9 showing that his relative-Devinder Bhalla died on 16.02.2021 i.e. just on the day of marriage of sister of the complainant, as a result of which, the said marriage cannot be solemnized and the complainant sought refund of the amount paid. It is also coming out from the record that when the  OPs did not refund the amount of Rs.3,10,000/-, the complainant filed complaint before the Police concerned and after that the proprietor of the firm i.e OP No.2 vide his statement dated 01.02.2023, Annexure P-17  admitted before the Police that he has  received the amount of Rs.3,10,000/- from the complainant. It has also been admitted by the OPs that they were informed by the complainant that on account of death of the father-in-law of his sister, he cannot solemnized the marriage already fixed on the said date. However, in this statement, the OPs have stated that they cannot refund the amount paid and are ready to adjust the said amount, in case, the  complainant solemnizes any function in future.  It is  significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against ex parte vide order dated 25.07.2023. The non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainant and also the contents of the statement made by them before the Police in document Annexure P-17. Under these circumstances, it has been proved by the complainant that the OPs have received amount of Rs.3,10,000/- from the complainant, yet, admittedly have not provided any services to him, qua marriage of his sister, on account of death of the father-in-law of his sister on the day of marriage. As such, when no services have been provided by the OPs to the complainant, the OPs have no right to retain the said amount of the complainant. The OPs are thus liable to refund the said amount of Rs.3,10,000/-, to the complainant.   
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:- 
   1. To refund the amount of Rs.3,10,000/- to the complainant. 
   2. To pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/- as litigation expenses.  

The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 12.02.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President