| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 168 of 10.5.2017 Decided on: 1.4.2021 Madaan Book House through its Proprietor Vinod Madaan son of Sh.P.L.Madaan, Prop. Madaan Book House, Punjabi University Campus, Patiala. …………...Complainant Versus M/s Morvinandan Event Organization through its authorized signatory Neeraj , SCO No.4, Prem Nagar, Bhadson Road, Patiala. …………Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member Sh.Y.S.Matta, Member ARGUED BY Sh.Chaman Lal Verma, counsel for complainant. Sh.Gorki Dhiman, counsel for OP. ORDER JASJIT SINGH BHINDER, PRESIDENT - This is the complaint filed by Madaan Book House through its Proprietor Vinod Madaan (hereinafter referred to as the complainant) against M/s Morvinandan Event Organization (hereinafter referred to as the OP) under the Consumer Protection Act.
Facts of the complaint - Briefly the case of the complainant is that he is a book seller and publisher and running his business in Punjabi University Campus under the name and style of M/s Madaan Book House. It is averred that in the month of November,2016, the OP assured to organize a mega book fair at Chandigarh for four days i.e. from 9 to 12 February,2017.Accordingly the complainant booked a stall inside the venue and a sum of Rs.10,000/- was given to the OP vide cheque No.370151 . It is averred that thereafter the OP never gave any information with regard to the Book Fair thereby failed to organize any Book fair and to provide the space for stall. The complainant also got sent legal notice to the OPs dated 7.4.2017 but to no response. Thus the illegal act of the OP caused great hardship and mental harassment as well as financial loss to the complainant and also it committed deficiency in service on its part. Hence this complaint with the prayer to accept the same by giving direction to the OP to refund the amount of Rs.10,000/- alongwith interest @18% per annum from 1.12.2016 till realization and also to pay Rs.50,000/- as compensation and Rs.10,000/-as costs of litigation.
Reply/Written statement - Notice of the complaint was duly served upon the OP who appeared through counsel and contested the complaint by filing written reply having raised preliminary objections to the effect that the present complaint is not maintainable; that the complainant has not come to the Court with clean hands. It is pleaded that the OP has given the main location to the complainant on first row of the Mega Book organization but the complainant did not turn up and back out from the terms and conditions of the agreement executed between the complainant and the OP. Even otherwise also the rate was fixed as Rs.45000/- for the first three stalls but the complainant has given only Rs.10,000/-. It is further submitted the Mega Book Fair was organized at Chandigarh on 25.2.2017 and near about 50 persons attended the said show.
- On merits, it is admitted that the OP assured to organize Mega Book Fair at Chandigarh for four days but due to unavoidable changed the scheduled time with the consent of the complainant and called the complainant in the month of January/2017. It is denied that after getting the payment the OP did not either inform the complainant or organize the fair. The OPs controverted all the other averments of the complainant and have prayed for the dismissal of the complaint.
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- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.
- On the other hand, the ld. counsel for the OP has tendered in evidence Ex.OPA affidavit of Sh.Neeraj, Authorized signatory of OP alongwith documents Exs.OP1 to OP19 and closed the evidence.
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- The complainant has also filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant is book seller and publisher and is running his business in Punjabi University Campus under the name and style of M/s Madaan Book House. The ld. counsel further argued that in the month of November, 2016, the OP organized Mega Book Fair at Chandigarh from 9 to 12 February, 2017.On the assurance of the OP and to increase the business, the complainant booked a stall inside the venue and cheque of Rs.10000/-was also given and side was reserved from book fair at Sector 17 Parade Ground, Chandigarh..The ld. counsel further argued that after getting the payment OP has never given any information nor arranged the book fair, so the complaint be allowed.
- On the other hand, the ld. counsel for the OP has argued that the OP has given the main location to the complainant on first row of the Mega Book organization but the complainant did not turn up for the said location and the OP has suffered huge loss. The complainant has himself backed out from the conditions of the agreement. The ld. counsel further argued that the rate was fixed as Rs.45000/- for the first three stalls but the complainant had given only Rs.10,000/-as token money and the amount of Rs.35000/- is to be recovered from the complainant. The ld. counsel further argued that the mega book fair was organized at Chandigarh on 25.2.2017 and the said date was postponed by the OP with the consent of the complainant and nearly 50 persons attended the show and the complainant never visited the said show. The ld. counsel further argued that as per the agreement organizers had right to reschedule the event and no amount can be returned to the complainant. So the complaint be dismissed.
- To prove the case, the complainant tendered his affidavit, Ex.CW1/A and he has deposed as per his complaint, Ex.C1 is the e-mail of OP regarding book fair for four days at Chandigarh from 9 to 12 February,2017 and charges were mentioned,Ex.C2 is receipt of Morvinandan Events Organizer of Rs.10,000/- received from Madaan Book House. So it is proved that Rs.10,000/-was received by the OP,Ex.C3 is bank statement, Ex.C4 is legal notice,Ex.C5 is receipt.
- On the other hand Mr.Neeraj authorized signatory of the OP tendered his affidavit, Ex.OPA and he has deposed as per the written statement,Ex.OP1 is draft payable by OP to Estate Officer UT Chandigarh, one draft is of Rs.15000/- and the second is of Rs.2,40,000/-Ex.OP2 is rules and regulations of the OP. At point 9 of the rules and regulations, it is mentioned that once stall booking alongwith filled application form is received by the organizers, no refund of stall charges will be entertained. At no.18 it is mentioned that the organizers reserve the right to reschedule the even in the interest of the exhibition, if due to unavoidable circumstances which are beyond the reason and control of the organizers and at point No.6 it is mentioned that 100% participation charges are payable alongwith the application. The electricity charges are to be paid one month prior to the commencement of the event.Ex.OP4 to OP19 are the registration forms of various sellers.
- Admittedly Rs.10,000/-were paid by the complainant to the OP and book fair was rescheduled but there is no document on the file which can show that the rescheduling was conveyed to the complainant. So the OP has itself violated the terms and conditions. As the complainant has not participated in the book fair as per the rescheduled time which was not given to him, so the OP has no right to keep the amount. Accordingly the complaint is allowed. The OP is directed to refund the amount of Rs.10,000/-to the complainant alongwith interest @6% per annum from the receipt of this amount i.e. 29 March,2016 till payment and also to pay Rs.2500/-as compensation and further Rs.2500/-as costs of litigation. Compliance of the order be made by the OP within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:1.4.2021 Y.S.Matta Vinod Kumar Gulati Jasjit Singh Bhinder Member Member President | |
