Date of filing : 08.03.2022

                                                                                    Date of order : 23.02.2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE

PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L.     PRESIDENT

                            THIRU. R. ASGHAR KHAN, B.Sc., B.L.                    MEMBER – I

        SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,     MEMBER-II

THURSDAY THE 23^RD  DAY OF FEBRUARY 2023

CONSUMER COMPLAINT NO. 17/2022

Mr. Chandrasekaran,

S/o. Late. Vedhachalam,

No.26/1 A.N. Kandigai,

4^th Street, Palanipet,

Arakkonam,

Ranipet District – 631 002.                                                                  …Complainant

-Vs-

M/s. Sree Balaji Mahal

Rep by Mr. Balaji,

V.P. Koil Street,

Palanipet, Arakkonam,

Ranipet District,

Tamil Nadu 631 002.                                                                     …Opposite Party

Counsel for complainant      :  Thiru. C. Sathish Kumar

Counsel for opposite party   :  Thiru. G. Ravi

ORDER

THIRU. R. ASGHAR KHAN, B.Sc., B.L.,  MEMBER – I

This complaint has been filed under section 12 of Consumer Protection Act 1986. The complainant has prayed this Hon’ble Commission to direct the opposite party  to refund the advance booking money Rs.20,000/-(Rupees Twenty Thousand only) with deduction and cancellation charges of Rs.5% of Rs.1000/- (One Thousand only), to refund all booking amount which cancelled in Covid pandemic days with deduction of cancellation charges of 5% and to pay a sum of Rs.3,00,000/- (Rupees Three Lakh Only) towards unfair trade practice and delay /bad in service, mental agony, loss of medical peace and sufferings and also to pay a sum of Rs.50,000/- cost.

1. The Case of the complaint is briefly as follows:

          The complainant had booked the opposite party marriage hall named Sree Balaji Mahal dated at 15.04.2021 by paying an advance amount of Rs.,20,000/-.  The marriage hall booked for the younger son Praveen marriage on Nov 25^th 2021, when at the time opposite party marriage venue booked, it was managed by Mr. Nagapushanam Father of Opposite party, complainant was good friend Mr. Nagapushanam Family.  The opposite party father Mr. Nagapushanam gave promise that if complainant cancel the booking, they will refund the advance amount so that complainant paid Rs.20,000/- (Twenty Thousand only) to opposite party. The opposite party doesn’t gave receipt for payment and opposite party made entry in marriage register.  The marriage venue was managed by Mr. Nagapushanam on 15.04.2021.  After the booking due to Covid-19 bride father died in Covid-19.  The marriage plan was totally changed and that was informed to opposite party marriage hall Manager, thus complainant informed to opposite party at 20^th May 2021.  Which marriage date was on Nov 25^th 2021 was informed prior of 6 months. The opposite party Manager Mr. Nagapushanam was passed away by Covid-19 and his wife of Nagapushanam also passed away.  The opposite party owner’s son promised will repay the advanced money at Nov 25^th 2021, but he did not repaid the money.  The complainant filed police complaint, but there also opposite party did not refund money.  The enquiry, CSR not made out in Arakkonam Police Station.  Even the opposite party, refunded the money during the Pandemic in 23^rd March 2020 Government of Tamil Nadu passed G.O. Order 152 of 2020 to all marriage halls to refund the advance taken for booking after march 24^th 2020 did not follow Govt rules or Government order.  The complainant had issued a legal notice to opposite party dated 14.01.2022, marriage venue address.  Same received on 15.01.2022 no reply or refund of money thus complainant suffered mental loss agony sufferings.  Hence this complaint filed.

2. The written version of first and second opposite parties are as follows:

          The opposite party denies all averments and allegations contained in the complaint except save those that are specifically admitted herein and complainant is put to strict proof each and every averments made thereon. The complainant towards unfair trade practice and delay/bad in service, mental agony, loss of mental peace and sufferings and to pay the legal costs incurred by the complainant are not maintainable either in law or on facts of the case.  The opposite party admits in written version at the time of booking of the Mahal the opposite party father manage the marriage venue hall. Complainant booked through his father Nagapushanam whom died on 22.05.2021 due to Covid-2019 pandemic.  Further in written version the opposite party admits that he was working at Mumbai from the year 2021 to till date.  The complainant had issued a legal notice dated 14.01.2021, received in the marriage venue address and consumer case both he did not have knowledge only after commission summon all these facts and case knows to him.  The complainant filed the bills in the complaint are totally fabricated and forget one.  The originals bills of marriage venue contain serial number, terms and conditions indicated on the reverse of the bills.  The marriage register note book shown by complainant is not at all maintainable by the opposite party and the same is fabricated by the complainant.  The opposite party alleged that the complainant one Mr. Subramani whom worked as manager in the Balaji Mahal concluded and fabricated the documents.  This act of the complainant is intend to grab money from the opposite party.

3.       Proof affidavit of complainant filed. Ex.A1 to Ex.A6 were marked. Proof affidavit of opposite parties filed. Ex.B1 series marked. Written arguments of both sides filed. 

 4. The Points that arises for consideration are:

         1.   Whether there is any deficiency in service on the part of the opposite   

               parties?

         2.   Whether the complainant is entitled for relief as claimed in the complaint?          

         3.   To what relief, the complainant is entitled to?

5. POINT NOS. 1 & 2:      

          On 15.04.2021, the complainant had booked the opposite party’s marriage hall for the facilitation of his younger son’s marriage.  At the time of booking he has paid a sum of Rs.20,000/- as advance.  The receipt of which marked as Ex.A1. Thereafter, due to some personal inconvenience he has cancelled the above said booking and asked for refund of the above said advance amount Rs.20,000/- from the opposite party on 20.05.2021.  However the opposite party did not refund the amount. Therefore, the complainant issued a legal notice dated 14.01.2021 asking the opposite party to refund the above said advance amount the same was received by the opposite party.  But there was no response from the opposite party. Hence the complainant filed this complaint.

6.       The opposite party on his written version stating that the owner of the opposite party died on 22.05.2021. Thereafter, the aforesaid marriage hall was running by his son.  He states that the complainant fabricated the advance receipt and filed for the purpose of this case. Infact in our marriage hall every bills have a serial number whereas in the complainant’s receipt there was no serial number and further in the overleaf.  There are considering those details were not find in the Ex.A1.  Hence we asked the complainant to produce the original report but not produced.  According to the opposite party the complainant never booked the marriage hall as alleged by the complainant.  Therefore, there is no genuineness in the complainant.  Further he also admit that while booking they will not produce any receipt and once entire payment was paid, only the receipt will be given.  Therefore, in our considered opinion that the complainant did not prove that he has paid a sum of Rs.20,000/- to the opposite party in the manner known to law. Therefore the complaint is liable to be dismissed. Hence, these Point Nos.1 and 2 are answered.    

7. Point No.3:        

          As we have decided in Point Nos.1and 2  that the complainant has not proved any deficiency in service on the part of the opposite parties.  Hence, the complainant is not entitled for any relief.  Hence, this Point No.3 is also answered accordingly.

            In the result, this complaint is dismissed.  No costs.      

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 23^rd  February,2023.

     Sd/-                                   Sd/-                                                Sd/-

MEMBER – I                     MEMBER – II                                   PRESIDENT  

LIST OF COMPLAINANT SIDE DOCUMENTS:

Ex.A1 – 15.04.2021 – Photo Copy of Marriage register of Opposite party.

Ex.A2 – 31.08.2022 – Photo Copy of legal notice sent by the complainant to the 

                                  opposite party

Ex.A3 – 15.01.2022 – Photo Copy of Acknowledgment Card

Ex.A4 – 15.01.2022 – Photo Copy of Track Consignment of legal Notice.

Ex.A5 – 23.03.2020 – Photo Copy of G.O. No. 152 of 2020 issued by Health and

                                  Family Welfare Department.

Ex.A6 – 23.03. 2020 –Copy of the Bill

LIST OF OPPOSITE PARTIES SIDES DOCUMENTS:  

Ex.B1-20.01.2021

             To

        07.02.2022      -  Copy of Bills.  

       Sd/-                                 Sd/-                                                   Sd/-

MEMBER – I                     MEMBER – II                                   PRESIDENT