Chandigarh

DF-I

CC/76/2024

RAJ KUMAR SHARMA - Complainant(s)

Versus

M/S DREAM PALM RESORT - Opp.Party(s)

DEVINDER KUMAR

01 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/76/2024
Date of Institution	:	01/02/2024
Date of Decision	:	01/07/2024

 

Raj Kumar Sharma son of Late Sh. Mangal Sain Sharma, aged about 58 years, r/o House No.117, Swastik Vihar, Zirakpur, SAS Nagar, Mohali

… Complainant

V E R S U S

M/s Dream Palm Resort, Village : Adda Jhungia to Chatt Road, Chandigarh, Punjab 140603 through its proprietor/partners.

… Opposite Party

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant
	:	Mrs. Madhu P. Singh, Advocate alongwith Sh. P.P. Singh, Advocate for OP

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Raj Kumar Sharma, complainant against the aforesaid opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations, as projected in the consumer complaint, that the marriage of daughter of complainant namely Ms.Komal Sharma was fixed for 6.2.2022 with Mukul and copy of marriage card is Annexure C-1. On 6.10.2021, complainant approached the OP for booking of its banquet hall including catering services etc. for the marriage function of his daughter and at that time the OP showed rosy picture and assured that it has been providing prompt and best services to its customers for the last more than five years.  On the assurance given by OP, complainant agreed to avail its services for the said function. OP further allured the complainant by saying that he can visit the OP resort on 17.10.2021 in order to see the food quality and decoration and make up his mind to finalize the function.  Further, OP asked the complainant that for booking of banquet hall he has to pay some advance money. Accordingly, complainant paid a sum of ₹1,57,000/- to the OP through cheque dated 6.10.2021, being advance booking amount. The total amount of function was settled at ₹6,50,000/- for 250 persons. At that time, OP had obtained signature of the complainant on some blank printed form and assured to provide copy of the same on the next visit of the complainant. Copy of the bank statement of the complainant is Annexure C-2.  On 17.10.2021, complainant visited the premises of OP and found that the quality of food and decoration was not upto the mark and requested the OP to cancel the booking and refund the advance amount paid by him.  Instead of refunding the booking amount, OP intimated the complainant that in the function it had served the food like a village langar and he can attend another function on 27.10.2021 in order to see the quality of food and decoration. On the direction of the OP, complainant again visited its premises on 27.10.2021 and again it was found that the quality of food and decoration and service of waiters in the function was not upto the mark.  The complainant again requested the OP to cancel the booking and refund the paid amount. As per assurances of the OP, complainant continuously remained in touch with it with the request to refund the amount, but, the OP lingered on the matter under one pretext or the other and did not refund the same.  Due to the aforesaid act of OP, complainant was also compelled to book another banquet hall i.e. Sekhon Banquet, Zirakpur-Kalka Highway, Zirakpur by paying an amount of ₹8.00 lacs vide receipt dated 5.12.2021 (Annexure C-3).  Instead of refunding the amount, the OP started misbehaving with the complainant.  In this manner, the aforesaid act of the OP amounts to deficiency in service and unfair trade practice. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP resisted the consumer complaint and filed its written version, inter alia, taking preliminary objection of limitation by alleging that the consumer complaint of the complainant is barred by limitation as the limitation had already expired on 6.10.2023 and the present consumer complaint has been filed by the complainant on 29.1.2024 and the said amount is not legally refundable.  On merits, admitted that the complainant approached the OP on 6.10.2021 for booking of its banquet hall, including catering services, for the marriage function of his daughter to be solemnized on 6.2.2022. It is further alleged that, in fact, complainant and his family members were fully satisfied after inspecting the venue and the arrangement, service and quality of food and on 7.10.2021 complainant signed the booking form showing all the details for the function and the amount of ₹6.57 lacs was agreed to be paid by the complainant and at that time he had paid an amount of ₹1.57 lacs through cheque.  It is further alleged that as the complainant has never visited and contacted the OP in this context nor made any written or oral request for cancellation of the booking or sought refund of the advance amount despoiled, and the OP had already spent the aforesaid booking amount in making preparations for marriage function, complainant is not entitled for the refund of the amount.  Not only this, even as per clause 3 of the terms and conditions with respect to refund policy (Ex.OP-1), complainant is not entitled for the refund of the amount.  The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. The complainant chose not to file the rejoinder.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that the complainant had booked the banquet hall of the OP for the marriage ceremony of his daughter on 6.2.2022, as is also evident from the marriage card (Annexure C-1), on payment of advance of ₹1,57,000/- through cheque, as is also evident from the copy of statement of account (Annexure C-2) which indicates that the said cheque amount was credited in the account of the OP on 12.10.2021,  the case is reduced to a narrow compass as it is to be determined if on finding the decoration, food quality and services being provided by the OP not satisfactory, complainant requested the OP for cancellation of booking and refund of the advance amount paid and the said amount has not been refunded by the OP to the complainant till date and the complainant is entitled to the reliefs prayed for in the consumer complaint, as is the case of the complainant, or if the complainant has never intimated the OP about the cancellation of the booking and the OP has spent the entire advance amount in making arrangements for the marriage function and the and the consumer complaint of the complainant, being time barred as well as not maintainable, is liable to be dismissed, as is the defence of the OP.
   2. The consumer complaint of the complainant is resisted by the OP on two grounds i.e. firstly on the ground of limitation and secondly that as per the final agreement (Ex.OP-1) entered into between the parties, it was agreed upon by the complainant that in case of cancellation no refund would be made to him.
   3. So far as the ground of limitation is concerned, as it is an admitted case of the parties that the complainant had paid advance amount to the OP for the marriage of his daughter, to be solemnized on 6.2.2022, the limitation for filing the present consumer complaint shall start running from the date of marriage for which the aforesaid advance amount was paid by the complainant i.e. 6.2.2022 and expires after two years of the said date i.e. on 5.2.2024.  However, as it is clear from the case file that the complainant had filed the present consumer complaint on 1.2.2024, i.e. within two years from the date of marriage, the instant consumer complaint is very much within time and it is safe to hold that the same is not barred by limitation.
   4. So far as the defence of the OP that it has spent the entire advance amount in making arrangement for the marriage and even as per the final agreement no refund on cancellation was payable is concerned, as the OP has failed to produce any document on record in order to show that it has spent any amount in making arrangement for the aforesaid marriage function, it is clear that the OP has failed to prove on record that it has spent entire amount in making arrangement for the aforesaid marriage function or that on the said date, no other function was held in the banquet hall of the OP due to the booking of the same in the name of the complainant. 
   5. The recital in Ex.OP-1 that no refund on cancellation in any case of canceling of booking is payable seems to be very harsh and also when the complainant has come with specific plea that his signatures were obtained by the OP on blank papers, the aforesaid term being unilateral and unfair contract is not binding upon the complainant.
   6. Moreover, when the complainant has specifically alleged in the consumer complaint as well as supported his allegations by tendering his affidavit that, after visiting the premises of the OP on 17.10.2021 and 27.10.2021, on the directions of the OP, he had found that the decoration, food quality and other services, being provided by the OP, were not satisfactory and he requested the OP to cancel the booking and despite of that the OP had not cancelled the booking nor refunded even the partial amount, the aforesaid act certainly amounts to deficiency in service and unfair trade practice on the part of the OP and the present consumer complaint deserves to succeed.
   7. Now coming to the quantum of amount to be awarded to complainant is concerned, no doubt complainant is seeking refund of the entire advance amount, which has been resisted by the OP on the ground that it had spent the same in making arrangements relating to the marriage function of complainant’s daughter, but, as it is a general practice that immediately after booking, people dealing in such like business (like the OP) have to make suitable arrangements for such scheduled function by paying advance to different service providers involved in the same e.g. decoration, food, DJ etc., therefore, it would be in the interest of justice if, after making some reasonable deduction, which in our opinion should be 30%, OP be directed to refund the remaining amount i.e. 1,57,000/- - 30% =₹1,09,900/- alongwith interest and compensation.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay ₹1,09,900/- to the complainant alongwith interest @ 9% per annum (simple) w.e.f. 6.2.2022 (i.e. date of marriage) onwards.
2. to pay ₹15,000/-, in lump sum, to the complainant as compensation for causing mental agony and harassment as well as litigation expenses.

5. This order be complied with by the OP within a period of 45 days from the date of receipt of certified copy thereof, failing which the amounts mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

01/07/2024 hg	Sd/- [Pawanjit Singh] President
	Sd/- [Surjeet Kaur] Member