Haryana

Ambala

CC/246/2021

Shri Deena Nath - Complainant(s)

Versus

M/s Red Apple Resorts - Opp.Party(s)

Ashutosh Gupta

14 Feb 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                         Complaint case no. : 246 of 2021.

                                                          Date of Institution :  13.08.2021.

                                                         Date of decision     :  14.02.2022.

         

Shri Deena Nath son of Shri Jamuna Parshad, resident of H.No.621-A, Ram Kishan Colony, Ambala Cantt., District Ambala (Haryana).

                                                                             ……. Complainant.

                                      Versus

M/s Red Apple Resorts (Lucky Farm), Ambala-Jagadhri Road, Ambala Cantt., District Ambala (Haryana).

                                                                              ….…. Opposite Party.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Sh. Ashutosh Gupta, Advocate, counsel for complainant.

                   OP proceeded against exparte vide order dated 08.11.2021.      

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund Rs.75,000/-  paid in advance, by the complainant.
2. To refund Rs.20,220/-, on account of interest @ 18%  per annum from 16.02.2020 to 16.08.2021.
3. To pay future interest on the amount of Rs.75,000/-, @ 18% per annum from date of filing of complaint till its actual realization.
4. To pay Rs.10,000/-, as compensation for, mental agony and physical harassment suffered by the complainant.
5. To pay Rs.10,000/-, as cost of litigation.

Or

 

Any other relief which this Hon’ble Commission may deem fit.

1.            Brief facts of the case are that complainant is permanent resident of Ambala and OP i.e. M/s Red Apple Resorts (Lucky Farm), banquet hall is situated at Ambala-Jagadhri Road, Ambala Cantt.  Complainant booked the said banquet hall for 07.05.2020, to solemnize the marriage/reception of his son namely Rajat Kumar and as per the settlement, complainant was to pay in total a sum of Rs.2,25,000/-.  Complainant paid a sum of Rs.10,000/- vide receipt No. 237 dated 08.02.2020 and Rs.65,000/- vide receipt No. 2042 dated 16.02.2020 as advance, to the OP.  Due to Covid-19 pandemic, The Government of India and State of Haryana imposed lockdown and banned all the public gathering including marriage functions in March, 2020. As such, complainant postponed the marriage of his son and also cancelled the booking of banquet hall. At that time, OP assured the complainant that it will refund the amount of Rs.75,000/-, paid as advance, as per the guidelines of the Government. Complainant requested several times to refund the above said amount of Rs.75,000/- but OP put off the matter on one pretext or the other. Despite repeated requests, OP did not refund the amount of Rs.75,000/-.  By withholding the amount of Rs.75,000/-, of the complainant, the OP has not only committed deficiency in service but has also indulged in unfair trade practice. Hence, the present complaint.

2.                 Upon notice, none appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 08.11.2021.

3.                Complainant tendered his affidavit as Annexure CA alongwith documents Annexure C-1 to C-4 and closed the evidence.

4.                We have heard the learned counsel for the complainant and carefully gone through the case file.

5.                 The learned counsel for the complainant has contended that to solemnize the marriage of his son, complainant booked the OP banquet hall, for 07.05.2020. Out of the total settled amount of Rs.2,25,000/-, complainant paid Rs.10,000/- vide receipt dated 08.02.2020 and Rs.65,000/- vide receipt dated 16.02.2020, in total Rs.75,000/- in advance. However due to Covid-19 pendemic, lockdown was imposed in the State of Haryana, as such, complainant postponed the marriage of his son and cancelled the booking of the banquet hall. Although, OP assured the complainant to refund the advance amount deposited by him yet it did not do so. The retention of the advance amount deposited by the complainant is in contravention of Section 56 of the Indian Contract Act, 1872.  The contention of the complainant went un-rebutted as the OP inspite of service of the notice has preferred not to appear before this Commission. Meaning thereby, OP has nothing to say in their defence, and thus, we have no reason to disbelieve the contention of the complainant, which is duly supported by his affidavit and other supporting documents.

6.                From the receipt dated 08.02.2020, Annexure C-1, receipt dated 16.02.2020, Annexure C-2, it is evident that complainant paid Rs.10,000/- and Rs.65,000/- respectively, to the OP. As per the complainant due to covid-19 pendemic, booking of the banquet hall was cancelled.

7.                Section 56 of the Contract Act, 1872, contains the doctrine of frustration which comes into play when a contract becomes impossible of performance after it is made on account of circumstances beyond the control of the parties. In the present case, complainant had to cancel the booking due to unavoidable circumstances, which were beyond the control of the complainant. As such, OP cannot be permitted to make unlawful gain without giving any service. Refusal to refund Rs.75,000/-, amounts to deficiency in service, the OP is thus liable to refund the amount of Rs.75,000/- paid by the complainant, as advance. The OP also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.

8.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

                   i)       To refund Rs.75,000/-, which were paid by the complainant                          as advance.

                   ii)      To pay Rs.3,000/-, as compensation for the mental agony and                        physical harassment caused to the complainant.

                   iii)     To pay Rs.2,000/-, as litigation expenses.

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, OP shall pay interest @ 6% per annum on the awarded amount w.e.f 14.02.2022, i.e the date of the order, till its realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 14.02.2022.

 

 

(Vinod Kumar Sharma)                  (Ruby Sharma)           (Neena Sandhu)

              Member                                  Member             President

 

 

Present:       Sh. Ashutosh Gupta, Advocate, counsel for complainant.

                   OP proceeded against exparte vide order dated 08.11.2021.

 

Vide our separate detailed order of even date, the present complaint has been allowed. File be consigned to Record Room, after due compliance.

Announced on: 14.02.2022.

 

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                      Member                         President