Tamil Nadu

South Chennai

CC/415/2014

M/s.R.Raman - Complainant(s)

Versus

M/s.EVP Rajeshwari marriage Palace - Opp.Party(s)

M/S.M.B.Gopalan

01 Apr 2019

ORDER

                                                                        Date of Filing  : 16.10.2014

                                                                          Date of Order : 01.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.415/2014

DATED THIS MONDAY THE 01^ST DAY OF APRIL 2019

                                 

Mr. R. Raman,

S/o. Late R. Ramakrishnan,

No.60/34, 4^th Avenue,

Ashok Nagar,

Chennai – 600 083.                                                      .. Complainant.                                                   

 

                                                                                             ..Versus..

 

EVP Rajeswari Marriage Palace,

Rep. by E.V. Perumal Sami Reddy,

No.23, Sir Thyagaraya Road,

Pondy Bazaar,

T. Nagar,

Chennai – 600 017.                                                  ..  Opposite party.

 

Counsel for the complainant      : M/s. M.B. Gopalan & others

Counsel for the opposite party  : M/s. M. Anandaraj & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 pray to refund the booking charge of Rs.5,00,000/- with interest at the rate of 12% p.a. from 10.01.2014 till the date of  payment and to pay a sum of Rs.1,00,000/- towards compensation for mental torture, agony and hardship undergone by the complainant with cost.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that has approached the opposite party on 07.12.2013 and booked the marriage hall for solemnising the marriage of his daughter on 13.07.2014 to 15.07.2014 and has paid a sum of Rs.5,00,000/- for booking.  The complainant submits that due to unexpected domestic compulsions from the bridegroom, the complainant once again approached the opposite party and requested the booking of marriage hall to be cancelled and demanded refund of the amount on 10.01.2014.  The complainant submits that the booking was done on 07.12.2013 cancellation was requested on 10.01.2014 i.e. within one month and more than 6 months earlier to the date of performance of marriage.  Hence, the opposite party can have every possibility to book the marriage hall to the third parties and very well return the amount.   The complainant submits that even after repeated requests and demands, the opposite party’s officials delayed in refund of the amount for one reason or the other and shockingly sent a reply dated:13.06.2014 and has not cancelled and refund the amount.  Hence, the complainant issued legal notice dated:12.08.2014 for which, the opposite party sent untenable allegations.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that it is true that the complainant had booked the marriage hall on 07.12.2013 for the function from 13.07.2014 to 15.07.2014, but it is false that the complainant cancelled the booking on 10.01.2014, where as the cancellation was made by his email message dated:02.05.2014 belatedly even after his message immediately replied by the opposite party and gave him one year for rebooking period either his own function or any other relatives and also given reply notice provide the same relief to him since non performing function on schedule dates cause huge loss to the opposite party.   The opposite party states that he knows that it is difficult task to book the marriage hall due to several demands and he belatedly cancelled the booking but he expected that the other persons shall waited till reach his function date without booking any hall and to book the opposite party hall on non performing function dates booked by him, which is highly impossible and imaginary.  The opposite party only received payment from complainant for booking his marriage hall and breach of contract was made by the complainant and not by the opposite party, it is true the opposite party has not been discharge any function except receipt of amount.   Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Inspite of sufficient time is given, the opposite party has not filed his proof affidavit to prove the contentions raised in the written version and hence, the stage of proof affidavit of the opposite party is ‘Closed’.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.5,00,000/- paid towards booking charge of the marriage hall with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to pay a sum of Rs.1,00,000/- towards compensation for mental agony, deficiency in service etc as prayed for with cost?

5.      On point:-

The opposite party after filing his written version has not come forward to file proof affidavit and documents to prove the contentions raised in the written version.  The complainant has filed his written arguments.  Heard the complainant’s Counsel also.   Perused the records namely the complaint, written version, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he approached the opposite party on 07.12.2013 and booked the marriage hall for solemnising the marriage of his daughter on 13.07.2014 to 15.07.2014 and has paid  a sum of Rs.5,00,000/- for booking as per Ex.A1 is  not denied.  Further the contention of the complainant is that due to unexpected domestic compulsions from the bridegroom, the complainant once again approached the opposite party and requested the booking of marriage hall to be cancelled and demanded refund of the amount on 10.01.2014.  But on a careful perusal of the entire records, there is no letter dated:10.01.2014 issued by the complainant.  On the other hand as per Ex.A2, Ex.A3, email and other documents shows that the complainant has requested the opposite party for due cancellation and refund of the amount on 10.01.2014. 

6.     Further the contention of the complainant is that the booking was done on 07.12.2013; cancellation was requested on 10.01.2014 i.e. within thirty five and more than 6 months earlier to the date of performance of marriage.  Hence, the opposite party can have every possibility to book the marriage hall to the third parties and very well return the amount.  Further the contention of the complainant is that even after repeated requests and demands, the opposite party’s officials delayed in refund of the amount for one reason or the other and shockingly sent a letter dated:13.06.2014 by way of reply as per Ex.A4.  The opposite party stated that the cancellation was requested only on 02.05.2014. Hence, the request of cancellation cannot be complied with.  The opposite party intentionally suppressed the fact of request of cancellation dated:10.01.2014 and falsely alleged that such request of cancellation made only on 13.06.2014 proves the unfair trade practice as well as deficiency in service.  Hence, the complainant was constrained to issue legal notice dated:12.08.2014 as per Ex.A5  for which, the opposite party sent reply with untenable contentions.  Hence the complaint is filed claiming to get refund of a sum of Rs.5,00,000/- paid towards booking charge of the marriage hall with interest and compensation.

7.     The opposite party eventhough filed written version, miserable failed to file proof affidavit to prove the contentions raised in the written version.   The allegations raised in the written version that the complainant has approached this Forum with a malafide intention is absolutely false.  Equally, the allegation that the complainant has not requested the opposite party to cancel the booking on 10.01.2014 is denied without any basic reason.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund a sum of Rs.5,00,000/- received towards the booking charges with interest at the rate of 9% with a compensation of Rs.15,000/- and cost of Rs.10,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.5,00,000/- (Rupees Five lakhs only) being amount received towards booking charges along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 16.10.2014 to till the date of this order (i.e.) 01.04.2019  and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of receipt by the opposite party to complainant for payment towards booking charge for the marriage hall
		Copy of email from the complainant to opposite party
		Copy of email from the complainant to opposite party
		Copy of reply from the opposite party to complainant
		Copy of legal notice from the complainant to opposite party
		Copy of postal acknowledgement
		Copy of reply from the opposite party

 

1^ST OPPOSITE PARTY SIDE DOCUMENTS:- Proof Affidavit – ‘Closed’

 

 

MEMBER                                                                  PRESIDENT