Chandigarh

DF-II

CC/801/2022

SAPNA RANI - Complainant(s)

Versus

M/S MANSA DEVI WEDDING STORE - Opp.Party(s)

DEVINDER KUMAR

05 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.

:

801 of 2022

Date of Institution

:

05.12.2022

Date of Decision    

:

05.12.2023

 

                     

            

 

Sapna Rani daughter of Sh.Bablu Singh, aged about 30 years, R/o House No.108, Dashmesh Colony, Patiala Road, Zirakpur, Punjab 140603

                 ...  Complainant

Versus

 

1]  M/s Mansa Devi Wedding Store, Shop No.238, 1st Floor, Old ropar Road, near Smadhi Gate, Sector 13, Manimajra, Chandigarh 160101 through its Proprietor.

2]  Harmohinder Singh, Proprietor of M/s Mansa Devi Wedding Store, Shop No.238, 1st Floor, Old Ropar Road, Near Smadhi Gate, Sector 13, Manimajra, Chandigarh 160101

 

…. Opposite Parties

 

 
BEFORE:  MR.S.K.SARDANA        PRESIDING MEMBER

                MR.B.M.SHARMA             MEMBER

 

Present:

Sh.Devinder Kumar, Counsel for the complainant

OPs No.1 & 2 exparte.  

 

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainant’s marriage was fixed for 26.4.2021, as such she booked her Lehenga with OPs on 19.2.2021 by paying advance of Rs.5000/- against its total payment of Rs.10,000/- and also booked Sherwani with OPs on 27.2.2022 for her fiancée by paying Rs.10,000/- as advance (Ann.C-1 & C-2). Apart from this, the complainant also booked the whole marriage function with OPs for sum of Rs.5,47,000/- for 500 persons including Catering, Photographer, Decoration, Flowers, D.J. etc. and paid Rs.80,000/- in cash as advance on 8.3.2021. The complainant also booked Community Centre, Sector 28, Chandigarh for marriage function.   

         It is submitted that due to Covid-19 Pandamic and restrictions imposed thereto, the complainant approached the OPs in March, 2021 and requested to cancel the booking and refund the amount, but the OPs assured that according to the situation, he will either refund the amount or to adjust in the amount in the function of 200 person.  Accordingly, the complainant further gave an amount of Rs.One Lakh to OP (Ann.C-3).  It is stated that due to second wave of Covid-19 in April, 2021 curfew/lockdown was imposed by the Chandigarh Administration as well as by the Govt. of H.P. and gathering in the functions in palaces were not allowed and limited persons were allowed for marriage function etc. (Ann.C-4 & C-5), therefore, the complainant informed the OPs to cancel the booking and refund her the booking amount of Rs.1,80,000/-. However, the OPs initially lingered on the matter and then refused to refund the amount. The complainant also lodged complaint about this with Police Authorities on 18.6.2021, but to no avail. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice causing harassment, agony and loss to the complainant.

 

2]      Despite due service, OP No.1 & 2 failed to put in appearance and as a result, the OP No.1 & 2 were ordered to be proceeded against exparte vide order dated 20.04.2023.

 

3]       The complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and thoroughly perused the documents on record. 

 

5]       It is well proved on record from Ann.C-1 & C-2 that the complainant made advance payment of Rs.5000/- & Rs.10000/- respectively to the OPs towards booking of Lehanga & Sherwani. From Ann.C-3, the payment of Rs.1,80,000/- as advance payment made by the complainant to Ops towards marriage function (catering, D.J., Flower & photography etc.) is also proved.  It is also proved from Ann.C-4 & C-5 that Covid-19 restrictions were imposed during April, 2021.

 

6]       Further, the non-appearance of the OP No.1 & 2 despite being duly served, to contradict the allegations in the present complaint, raised a reasonable presumption that they have nothing to contradict meaning thereby that they duly admitted the claim of the complainant.  Therefore, the deficiency in service and unfair trade practice on the part of the OPs No.1 & 2 is clearly made out, which certainly has caused harassment and loss to the complainant. 

 

7]       From the above discussion and findings, we are of the opinion that the deficiency in service and unfair trade practice has been proved on the part of the OPs. Therefore, the present complaint is allowed with direction to the Opposite Parties No.1 & 2 to refund an amount of Rs.1,95,000/- to  the complainant with interest @10% per annum from the date of deposit/payment till its actual realization, along with lumpsum amount of Rs.15,000/- towards compensation for deficient services and indulging in unfair trade practice, which includes litigation cost as well.

         This order shall be complied with by the OP No.1 & 2 within a period of 60 days from the date of receipt of copy of this order.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

05.12.2023                                                          

Sd/-

 (S.K.SARDANA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER

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