Per Mr. P.N. Kashalkar, Hon’ble Presiding Judicial Member:

1)            This appeal is filed by the Original Opposite Party – Bandra Gymkhana, against the judgement and award passed by District Consumer Disputes Redressal Forum, Mumbai Suburban in Consumer Complaint No.38/2008 decided on 29^th April, 2010.  While allowing the complaint partly the Opposite Party/Appellant has been directed by the Forum below to refund to the Complainant amount of Rs.3,000/- with interest @ 9% per annum from 24^th July, 2006 till realization of entire amount and also directed to pay cost of Rs.1,000/- to the Complainant, as such opposite Party has filed this appeal.

2)            Facts to the extent material may be stated as under:

Complainant is a member of Opposite Party – Bandra Gymkhana.  The Complainant had booked hall with the Opposite Party for reception of silver jubilee wedding anniversary.  The Complainant had deposited Rs.3,000/- with the Opposite Party on 26.06.2006. Vide letter dated 06.07.2007, the Opposite Party informed the Complainant that the badminton hall would be closed for renovation from 01.08.2006  and offered to refund the amount.  Complainant vide letter dated 09.07.2006 told the Opposite Party that stage in the hall could be used for repairs and rest of portion of the hall could be allotted to her for reception and she had no objection in accepting the said hall if the stage is screened from the main hall by corrugated sheets.  Opposite Party vide its letter dated 10.07.2006 accepted this proposal of the Complainant.  On the same day, Opposite Party demanded further additional amount of Rs.4,490/-.  This additional amount was not acceptable to the Complainant and vide letter dated 24.07.2006, Complainant informed Opposite Party for cancellation of booking of the hall and also demanded refund of amount of Rs.3,000/- which she had deposited earlier with the Opposite Party – Bandra Gymkhana.  However, Opposite Party refused to refund amount and after giving legal notice Complainant filed consumer complaint seeking refund of Rs.3,000/- with interest @ 12% p.a. and also compensation of Rs.10,000/-.

3)            Opposite Party contested the complaint by filing written statement and took a stand that as a special case Managing Committee of the Opposite Party decided to refund 50% amount  to the Complainant, but, Complainant did not accept the same.  Opposite Party pleaded that instead of accepting the 50% amount of deposit, the Complainant threatened vide his letter dated 10/04/2007 to go to the Press.  Bandra Gymkhana informed the Complainant vide letter dated 14^th April, 2007 that the sanctioned refund of 50% of the deposit would be withdrawn within a period of two weeks from the receipt of letter, if the amount is not claimed.  The Complainant in defiance of the Managing Committee approached the District Forum.  The Bandra Gymkhana pleaded that, it is not guilty of deficiency in service and prayed that the complaint should be dismissed with costs.

4)            On the basis of affidavits and documents placed on record Forum below held that there was no dispute between the parties that Complainant had booked Bandra Gymkhana Hall with the Opposite Party on deposit amount of Rs.3,000/- on 26.06.2006.  Complainant had produced before the Forum below the terms and conditions covering the hiring of the hall in which it was specifically mentioned (as observed by the Forum below) that deposit paid at the time of booking was refundable.  However, there was further condition that if cancellation is made after one month after the booking was confirmed, entire deposit was liable to be forfeited.  The Forum below noted that Complainant had deposited amount on 26.06.2006.  Thereafter, there was correspondence between the parties.  Complainant gave proposal to accept part of the hall exclusive of stage portion.  Opposite Party by letter dated 10.07.2006 demanded additional amount of Rs.4,490/- which was not acceptable to the Complainant and therefore, she cancelled the booking.  This cancellation was within a period of 15 days and within a period of one month from the date of confirmed booking of the hall, therefore, Forum below held that Complainant was entitled to get full refund and not 50% of the amount as offered by the Opposite Party and as such, complaint was allowed by the Forum below by passing award as mentioned in opening paragraph of this judgement.  Aggrieved by the said order, original Opposite Party – Bandra Gymkhana has filed this appeal.

5)            We heard submissions of Advocate Mr. R.D’Souza.  At the stage of admission itself, we thought it fit not to issue notice to the Respondent for the simple reason that after hearing Counsel for the Appellant extensively, we find that there is no substance in the appeal.

6)            We are finding that the Bandra Gymkhana had accepted the deposit amount of Rs.3,000/- from the Complainant on 26.06.2006 for silver jubilee wedding anniversary of Complainant’s marriage and hall was booked for marriage ceremony for 08.08.2006.  The letter was sent 6^th July, 2006 by Bandra Gymkhana informing the Complainant that badminton hall would be closed for renovation from 01.08.2006,  she should take back the deposit and she should make alternate arrangement since hall would not be available for her function.  Thereafter, Complainant/Respondent had suggested that she had no objection if she could get the hall without stage.  This letter was sent on 9^th July, 2006.  The Appellant -  Bandra Gymkhana sent letter dated 10^th July, 2006 to the Complainant and asked to pay additional amount of Rs.4,490/- confirming the booking by the Complainant for 8^th August, 2006 function.  This demand was not acceptable to the Complainant and therefore by letter dated 24^th July, 2006 she cancelled the booking and prayed for refund of her deposit paid 26.06.2008.  This letter was received by the Bandra Gymkhana on 24^th July, 2006.  To her surprise she was informed by Bandra Gymkhana by letter dated 21^st August, 2006 that Managing Committee in its meeting dated 17^th August, 2006 decided not to refund her deposit and thus, for this reason she had filed the complaint. 

7)            On going through the letter and correspondence between the parties, we are finding that the order passed by the Forum below is appearing to be just, proper and there was clear-cut deficiency in service on the part of the Bandra Gymkhana in earlier booking the hall on payment of Rs.3,000/- and then after booking was confirmed by the Complainant for the hall other than the stage portion she was asked again to pay Rs.4,490/- and when this demand came to be overruled by the Appellant Gymkhana, Complainant simply informed that new terms are not acceptable and she be given refund and she had made prayer for refund on cancellation of booking within one month from the date of booking of the hall and it is specifically mentioned in the notice issued by Bandra Gymkhana, that refund will be made if the cancellation is made within one month.  Therefore, in our view, order passed by the Forum below is just, proper and sustainable in law.

8)            However, in the course of arguments, Ld. Counsel for the appellant submitted before us that Bandra Gymkhana had offered refund of 50% of the deposit amount to the Complainant and this fact has been ignored by the Forum below in passing the award.  According to him Forum below should have allowed the refund of 50% of deposit amount only because, the Appellant Gymkhana had shown willingness to pay 50% of the amount of deposit, i.e. Rs.1,500/- to the Complainant.  However, this contention of Ld. Counsel for the Appellant cannot be acted upon for the reason that they had informed by letter dated 21^st August, 2006 that Managing Committee in its meeting held on 17^th August, 2006 had considered her application and decided not to refund her deposit.  This is a clear-cut rejection of refund made by the Opposite Party and for this reason the Forum below directed to refund full deposit amount of hall booking with interest @ 9% per annum.  In the facts and circumstances of the case, we are finding that order passed by the Forum below is just and proper and there is no need for us to interfere in the award passed by the Forum below.  Hence, we find no substance in the appeal and pass the following order:

O  R  D  E  R

  (i)        Appeal stands rejected.

(ii)        No order as to costs.

(iii)        Amount of Rs.2,000/- deposited by the Appellant in this Commission while filing this appeal shall be paid to the Respondent by the Registrar of this Commission and remaining amount shall be paid to the Respondent by the Appellant after making due calculation and in case Appellant fails to pay remaining amount, the Respondent shall be free to file execution proceeding to recover the remaining amount.

(iv)        Inform the parties accordingly.