BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 29^THDAY OF JULY 2022

ORDER

SRI.H.JANARDHAN, MEMBER

1. This complaint has been filed by the complainant under section 35 of C.P.Act 2019 seeking refimd from the  OPs Rs.1,46,200/- along with interest at 18% p.a. as compensation along with interest from the date of payment till realization, compensation of Rs.2,00,000/-  towards mental & physical agony suffered by the complainant and towards cost of the proceedings and such other reliefs.

2. The brief facts of the complaint is as follows:

The family members intended to celebrate wedding of her daughter in grand manner and wherein the complainant was in search of choultry to perform the marriage, the complainant contacted OP and  booked OP convention hall namely Poornima Convention Centre. The complainant booked wedding hall for the marriage of his daughter to be held on 21^st & 22^nd April 2021 and on 10.02.2021 at the time of booking there was no sign of Covid-19  and there was no restrictions of any sort from the Government. Therefore, the complainant had booked the wedding hall with the OP. Further, OPs  demanded for 100% rent while booking itself and accordingly the complainant had paid amount through cheque, but unfortunately due to sudden pandemic Covid-19, the state government had abruptly declared janata curfew with effect from 14.04.2021 followed by lockdown, there was huge loss of life due to pandemic. The family members of the complainant decided to cancel the marriage and orally informed the OPs regarding the cancel of marriage to be held on 14.04.2021. further, the complainant requested the OPs for refund of booking amount, but OPs keeps on saying that after  lockdown he is going to refund the amount, but further the complainant followed up with OP. The OPs stated that he is going to refund only 50% of the amount and for which the complainant followed up and finally transmitted Rs.1,07,500/- to the complainant by NEFT on 10.02.2021, but OP did not return the balance amount of Rs.1,46,200/- which was paid at the time of booking of the marriage convention center and being aggrieved by the said act of the OPs filed the present complaint.

3. After issuance of notice, OPs appeared through counsel and filed version. In the version the OPs had contended that the complainant booked the convention centre is a conditional booking with terms and conditions  that 100% rent will be collected at the time of booking of the convention hall and in case of any cancellation the entire rental amount is forfeited  or 10% of the total rent amount is deducted from the  rental amount paid as against re-booking of the convention center for the same by some other   party. OPs also contended that conditional rebooking of the convention centre  were clearly  explained   at the time of booking made on 10.02.2021.  The complainant duly consented and agreeing such terms and conditions paid Rs.2,53,700/-. Further contended that  imposition of curfew, lockdown are not under control and they have not played any major role amounting to deficiency of service. The OP also contended that  CGST and SGST @ 9% collected from the complainant  has been remitted to the appropriate authorities, which is not refundable. OPs after thorough discussion and deliberation about financial losses incurred by the complainant  due to COVID-19 situation OP have decided to     refund 50% of the booking amount received at the time of booking and also OP is always willing to refund 50% advance  considering the interest of its customers. OPs also contended that  refund of booking amount is only when the hall is booked by some other party on the same day. Accordingly, no such booking has happened and as such claim of complainant for full amount is unjustifiable and void of merits and as per refund policy of  the OPs, the OPs  have refunded amount of Rs.1,07,200/- and denying all other allegations made in the complaint prays to dismiss the complaint with exemplary costs.

4. The complainant filed his affidavit evidence and got marked Exhibit P1 to P7. The OP also filed affidavit and marked Exhibits R1 to R6.

5.       Heard argument of the complainant and arguments of OP is taken as nil.

6.       The points that would arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- Affirmative.

      Point No.2:- Affirmative in part.   

      Point No.3:-As per the final order.

REASONS

8.  Point No.1 & 2: On perusing the pleading and version of the parties it is  relied that the complainant had paid amount of Rs.2,53,700/- towards booking of choultry and had made payment to the OP as per Exhibit R1 and P2 and the OP also acknowledges the receipt of payment by Exhibit R. But when the complainant had booked the marriage hall to perform marriage of his daughter. But due to covid-19 pandemic during 21^st & 22^nd April 2021 complainant was not able to perform the marriage due to outbreak of  Covid-19 and certain restrictions were imposed by the government during that period. While booking of marriage hall the complainant was also provided terms and conditions  and also communicated the same to the complainant  and after going through the terms and conditions the complainant booked the  OPs convention centre. But due to Covid-19 pandemic the complainant was not able to  perform the marriage and  he had cancelled the booking hall which was going to  be held on 21^st & 22^nd  2021 due to Covid-19 pandemic and after cancelling the marriage  the complainant approached the OPs for refund of the amount, OPs were also  know that due to unpredictable situation the complainant cancelled the booking hall, but given opportunity to book reschedule appointment for performing the marriage. But for which, the complainant has shown his inability and sought for the refund. At the 1^st instance, the OPs told the complainant that he will refund the amount within few months, but complainant followed up with OP, but later he told that he is ready to pay only 50% of the amount. After frequent follow ups the OPs refunded Rs.1,07,500/- through NEFT on 10.02.2021 and with held 50% of  balance amount out of Rs.2,53,700/-, but complainant had insisted the OPs to refund entire amount though the complainant had not performed marriage and utilized facilities of OPs convention centre. When the OPs have shown inability to refund remaining balance amount. When the complainant has not availed any serviced by OPs convention centre and keeping 50% of the remaining amount is nothing but deficiency of service and also not refunding of the same is unfair trade practice. Further more, the OPs have paid amount towards CGST & GST amount of Rs.38,700/- and have also produced bill as per exhibit R4 for paying CGST & GST to the concerned government authorities, which is not refundable and out of 50% of  non refunded amount is nothing but deficiency of service to the complainant. We deem it order for refund Rs.1,07,500/- along with interest at 9% from the date of payment till realization, which will suffice and when the interest is granted no compensation can be awarded. However, the complainant has engaged service of advocate for filing the present case. The complainant is entitled to cost of Rs.10,000/- as cost of litigation. To comply the above said order time limit is fixed for 60 days. Hence, the complainant is entitled for  the following  reliefs.

9.  Point no.3:- The OP is liable to refund Rs.1,07,500/- with interest  at 9% p.a. from the date of payment till realization. OP is also liable to pay Rs.10,000/- towards cost of litigation. In view of the discussions made above and findings given on point Nos.1 and 2, we proceed to pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund an amount of Rs.1,07,500/- along with interest at the rate of 9% p.a. from the date of payment till realization and amount of Rs.10,000/- towards cost of litigation.
3. The OP shall refund the amount within 60 days from  the date of this order, failing which the OP shall pay interest at 11% p.a. after expiry of this date.
4. Furnish the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 29^th  day of July, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :