BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.253 of 2020
Date of Instt. 26.08.2020
Date of Decision: 20.12.2023
1. Amandeep Singh aged about 28 years son of Resham Singh resident of Village Fatehpur Jattan Post Office Kauli Tehsil & District Patiala, Punjab.
2. Mrs. Neera Thakur wife of S. Amandeep Singh resident of Village Fatehpur Jattan Post Office Kauli Tehsil & District Patiala, Punjab.
..........Complainants
Versus
1. M/s Sunshine Hotels Private Limited through its Managing Director/Principal Officer c/o Regent Park Hotel, Gujral Nagar, Jalandhar, Punjab.
2. M/s The Imperial Manor Through its Managing Director/Principal Officer c/o Regent Park Hotel, Gujral Nagar, Jalandhar, Punjab.
3. M/s The Imperial Manor Through its Managing Director/Principal Officer, Hoshiarpur Road, Rama Mandi, Jalandhar.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Sanjeev Sharma, Adv. Counsel for Complainants.
Sh. Anuj Mehta, Adv. Counsel for OPs.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainants, wherein it is alleged that the OPs are in Hospitality, ambiance and catering sector arrangements business by providing and space in Banquet Halls, hotels etc. for weddings, social gatherings and celebrations. As per information put on official website, the OP No.1 M/s Sunshine Hotels Pvt. Ltd. is managing the business affairs of OP No.2. The Imperial Manor and the address of OPs No.1 and 2 is with OP No.3 M/s Regent Park and the complainant No.1 was told by officials and management of OPs that the owner of both concerns. The Imperial Manor & M/s Regent Park is the same hence all the OPs are responsible liable jointly and severally for their liabilities arising out of their day today working. The complainants and their relatives went to The Imperial Manor for booking the marriage venue with The Imperial Manor and the officials, manager of The Imperial Manor enticed the complainants to book Regent Park Hotel, the sister concern of The Imperial Manor to have ring ceremony function at Regent Park Hotel. The OPs assured and promised that the arrangements would be up to mark and memorable for complainants. The marriage of the complainants was fixed to be solemnized on 22/3/2020 and ring ceremony function was held on 24/11/2019 at M/s Regent Park Hotel, Gujral Nagar, Jalandhar. A contract/agreement was also reduced into writing on 22/9/2019. The total amount for Gold Non-Veg menu pack was fixed and total deal was fixed at Rs.8,85,000/- for 300 Pax which included Terrace and Lawn arrangements. Initially a sum of Rs.5000/- was paid in cash on 22/9/2019 for holding venue and thereafter Rs.50,000/- was paid through Bank Transfer vide instrument No.900863 on 30-9-2019 and at repeated persisting demands from OPs, a sum of Rs.3,70,000/- was transferred on 13/3/2020 through Receipt No.KCX1UU051566 UTR No.AXMB200733775064 from 914010025814348 to 02350021011719014 as such Total sum of Rs.4,25,000/- was paid to the OPs and after payment, the complainant became consumer and the documents reflecting the payments are attached. On 17/3/2020, the complainants were informed by OPs that due to prevailing situation of Covid-19, the booking was cancelled by OPs and marriage between the complainants was solemnized on 22/3/2020 without any service and arrangement of OPs. The complainant has requested and demanded for return and refund of amount of Rs.4,25,000/-, but the OPs has kept the matter lingered on one pretext or the other. A legal notice dated 22/6/2020 was also served upon the OPs, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.4,25,000/- received by the OPs and further OPs be directed to pay Rs.3,00,000/- as mental pain and agony suffered by the complainant and Rs.20,000/- as litigation expenses.
2. Notice of the complaint was given to the OPs, who appeared through its counsel and filed their joint written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable against the OPs as there is no deficiency in service or negligence. It is further averred that the complainants are not consumer as provided under the provision of consumer protection act as the complainants have not paid the complete charges of the service which they wanted to avail. The complainants are estopped by their own act, conduct, waiver and latches from filing the present complaint. It is further averred that the complainants have not come to the Court with clean hands and have not imparted the correct facts before the Forum. They have filed the present false complaint against the OPs. The complaint is based on conjectures and surmises without ascertaining the facts mentioned in the complaint. Further, it will be in the fitness of things to mention here that complainants have concocted an altogether false and fabricated story in order to malign the position and reputation of OPs. The only motive to involve the OPs is to extract money from them and put pressure upon the OPs for claiming any due amount from the complainants. It is further averred that the complaint is bad for mis-joinder and non-joinder of parties. It is further averred that the matter in dispute is Civil in nature and complicated further required full length of evidence and their cross examination which does not falls within the ambit of this Commission. It is further averred that the present complaint has been filed just in order to harass and to extract money from the OPs. On merits, it is admitted that the complainants on 22.09.2019 got booked a function with the OPs for 300 PAX for Gold Non-Veg Menu Pack which includes Terrace and Lawn Arrangements in the Imperial Manor Resort to be held on dated 22.03.2020 and the complainants have the amount and it is also admitted that at that time contract/agreement was reduced into writing between the parties and the said contract/agreement was being duly signed by the complainants after reading and admitting its contents and conditions as true and correct, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder to the written statement filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied the allegations raised in the written statement.
4. In order to prove their respective versions, both the parties have produced on the file their respective evidence.
5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by counsel for the complainant as well as counsel for the OPs very minutely.
6. The complainant has alleged that the OPs are in Hospitality, ambiance and catering sector arrangements business by providing and space in Banquet Halls, hotels etc. for weddings, social gatherings and celebrations. The complainant has proved on record the information supplied regarding the OPs Ex.C-1 and Ex.C-2. The OPs have admitted in their written statement that on 22.09.2019, the complainant got booked a function with the OPs for 300 PAX for Gold Non-Veg Menu Pack including Terrace and Lawn Arrangements in the Imperial Manor Resort to be held on 22.03.2020 for Rs.8,85,000/-. It is admitted that the contract/agreement was reduced in to writing on 22.09.2019, the same is proved as Ex.C3. It has also been admitted that Rs.5000/- were received in advance by the OPs and as per agreement, he was to pay 25% of the total amount, but he paid Rs.55,000/- only. As per the submission of the complainant, he paid Rs.4,25,000/- to the OP and the last payment was made on 30.09.2019 for Rs.3,70,000/-. The copy of receipt has been filed by the complainant Ex.C-4 and Ex.C-5. The complainant has claimed the refund of the total amount of 4,25,000/- as due to the prevailing situation of Covid-19, the OPs cancelled the booking on 17.03.2020. This fact of cancellation of booking by the OP has been denied by the OPs.
7. It is hard fact that there was outbreak of Covid-19 in the month of March, 2020. The complainant has produced on record the cutting of ‘The Economic Times’ newspaper Ex.C-11, which is dated 14 March, 2020. The news has been published that all the educational institutions were closed and due to outbreak of Covid-19, the Punjab Govt. is going to close cinema halls and restaurants due to Corona Virus. This fact is world known fact and the OP was also well within the knowledge of this fact that there was an outbreak of Covid-19 and all the educational institutions, restaurants and cinema halls and all the public places were ordered to be closed. As per Ex.C-10, the Curfew was ordered to be imposed from 23.03.2020 by the District Magistrate, Jalandhar, which was already in force in India. The Covid-19 was firstly reported in India on 30.01.2020. Though, the restrictions were imposed on 12.03.2020.
8. The OP has produced on record the bills Ex.O-1 to Ex.O-8 showing that he had purchased the material for the wedding being caterer from different persons by making the payment. All these bills pertain to dated 17.03.2020, 18.03.2020, 19.03.2020 and 20.03.2020. A letter allegedly written by Ram Saran Chat House is dated 22.03.2020. Similarly, a letter written by DJ Hardrockers was dated 22.03.2020 and 23.03.2020. These are Ex.O-9 to Ex.O-11 and he has allegedly purchased the material for Rs.4,87,660/- as per Ex.O-12.
9. As discussed above, the restrictions were imposed on 12.03.2020 as per the guidelines issued by the WHO as well as the Ministry of Health Department in India. The OP was well within the knowledge of all these facts. If for the sake of argument, it is assumed that no information was given by the complainant to the OP regarding the wedding day or the contract was not cancelled by the OPs, even then it can very well be presumed that no sane person would purchase the material from different persons for the weeding from 17/03 onwards, when the restrictions were already imposed, without the consent of the complainant. This is not the case of the OP that the complainant gave consent to the OP to purchase all the material. It is also well known fact that the marriages and weddings were conducted in a very simple way during those days considering the restrictions imposed by the Govt. of India as well as the State Govt. and lockdown. During these restrictions, the OP purchased the material, if any, at own risk. More so, all the material allegedly purchased by the OP was a non-perishable material. Therefore, no loss was caused to the OP. However, he was duty bound to refund the amount taken by the OP in advance from the complainant. There was no fault of the complainant, but non refund of the amount is definitely a deficiency in service and unfair trade practice on the part of the OPs. It was a natural calamity and in order to save the human lives, it was necessary to follow and abide the restrictions.
10. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund Rs.4,25,000/- to the complainant and further OPs are directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
20.12.2023 Member Member President
