Punjab

Ludhiana

CC/20/111

Pritpal Singh - Complainant(s)

Versus

Ms.Prerna Khullar - Opp.Party(s)

R.K.Bhandari Adv.

08 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:111 dated 16.07.2020.                                                         Date of decision: 08.02.2023.

 

1. Pritpal Singh Makkar s/o. S. Mann Singh Makkar, r/o. H#180-B, Bhai Randhir Singh Nagar, Ludhiana.
2. Gurjot Kaur @ Sifat Kaur d/o. Pritpal Singh Makkar s/o. S. Mann Singh Makkar, r/o. H#180-B, Bhai Randhir Singh Nagar, Ludhiana                                                                                          .…Complainants

                                                Versus

Mr. Prerna Khullar, 216, Model Town, Jalandhar.                                                                                                                                      ....Opposite party 

Complaint Under Section 12 of the Consumer Protection Act, 1986.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Ms. Mandeep Kaur, Advocate.

For OP                           :         None.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                 Briefly stated, the facts of the case are that the complainants are the consumers of the opposite party as they hired the services of opposite party against valuable consideration. As per advertisements and promises made by the opposite party through various forms, the complainants booked opposite party for two bridal makeup of complainant No.2 on 5^th and 6^th April 2020 i.e. during evening and morning hours respectively which were to be performed by the opposite party as promised and agreed to be performed at H#180-B, Bhai Randhir Singh Nagar, Ludhiana as marriage of complainant No.2 was scheduled to be performed on 06.04.2020 at Gurudwara Singh Sabha, Sarabha Nagar, Ludhiana and receipt of baraat was fixed for 05.04.2020. In February, 2020, the complainants deposited Rs.1,00,000/- as per demand of the opposite party out of total amount of Rs.1,80,000/-. The complainants stated that as curfew was imposed all over country due to the outbreak of Corona Virus as such the proposed bridal makeups of complainant No.2 could not materialize at her parental house at Ludhiana as due to curfew/lockdown the opposite party expressed her inability to come all the way from Jalandhar to Ludhiana or otherwise to the said place and pretended that all establishments including the beauty parlors, make up studios, barber shops and saloons etc. were also closed which were to be opened only on 01.06.2020 with restrictions of social distancing, masks, sanitizers, kits, gloves and other precautionary measures. The complainants further stated that the bridal makeup could not be held due to said reason and opposite party is liable to refund Rs.1,00,000/- paid to her in advance as she has not rendered any services to the complainant. Moreover, due to Covid-19 pandemic situations, complainant No.1 was facing economic consequences and he had to pay off the pending bills for marriage of complainant No.2 as such, opposite party was required to refund the amount of Rs.1,00,000/-. The complainants sent legal notice dated 02.06.2020 posted on 09.06.2020 calling upon the opposite party to refund the advance amount of Rs.1,00,000/- to which the opposite party sent a false, evasive and frivolous reply dated 21.06.2020 through her counsel flatly refusing to refund the amount of Rs.1,00,000/-. The complainants further submitted that they have never cancelled the proposed bridal make up sittings but it is the opposite party who showed inability to come to their house for the proposed bridal make up sessions due to imposition of restrictions by the State Government. Moreover, the opposite party has admitted the receipt of Rs.1,00,000/- from the complainants rather  gave offer of gift hamper/voucher facility redeemable up to 31.03.2021 if complainant No.2 avails her service worth Rs.1,00,000/- but refused to refund the amount under any circumstances. The complainants have suffered hardship and deprivation due to deficiency in service and deliberate refusal to refund the amount on the part of the opposite party. In the end, the complainants have prayed for refund of Rs.1,00,000/- from the opposite party along with interest besides compensation of Rs.5,00,000/-

2.                Notice was sent to the opposite party through registered post on 05.08.2020 but the opposite party did not appear despite service and was proceeded against exparte vide order dated 12.10.2020. However, on 05.01.2021 Sh. Manu Aggarwal, Advocate appeared and filed power of attorney on behalf of opposite party along with application for allowing the opposite party to join the proceedings which was allowed vide order dated 09.11.2021 and the opposite party was allowed to join  the proceedings from the stage the complaint was pending at.   

3.                In support of their claim, the complainant No.1 Sh. Pritpal Singh Makkar tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of agreement, Ex. C2 is the copy of reviews, Ex. C3 and Ex. C4 are the copies of wedding card, Ex. C5 is legal notice dated 09.06.2020, Ex. C6 is the reply legal notice dated 21.06.2020, Ex. C7 is the registered envelop, Ex. C8 and Ex. C9 are the copies of Aadhar card of the complainants and closed the evidence.

4.                None has been appearing on behalf of the opposite party since 14.07.2022. We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents submitted by the complainant and proceed to decide the complaint on merits.

5.                Undisputably, the complainants booked two bridal makeups each for April 5^th and 6^th, 2020 on the occasion of marriage of complainant No.2 and paid a sum of Rs.1,00,000/- in advance in two installments out of the total agreed amount of Rs.1,80,000/- but due to outbreak of Covid-19, curfew was imposed all over the country and the opposite party expressed her inability to come from all the way from Jalandhar to Ludhiana to perform her part of the agreement in view of the restrictions of social distancing, masks and sanitizers etc. A legal notice dated 09.06.2020 Ex. C5 was served upon the opposite party upon which the opposite party replied and denied the refund of amount and rather demanded her balanced agreed amount. So in the given set of circumstances, when the opposite party has admitted the receipt of payment of Rs.1,00,000/- and non-performance of contract on her part though with some explanation, it would be just and  appropriate to order the refund of Rs.1,00,000/- to the complainants along with composite cost of Rs.10,000/-.

6.                As a result of above discussion, the complaint is allowed with an order that the opposite party shall refund the amount of Rs.1,00,000/- to the complainants within 45 days from the date of receipt of copy of order failing which the complainants shall be held entitled for interest @6% per annum from filing of the complaint till date of actual payment. The opposite party shall further pay a compensation of  Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 45 days from the date of receipt of copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

 

7.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:08.02.2023.

Gobind Ram.

 

 

Pritpal Singh Makkar Vs Prerna Khullar                          CC/20/111

Present:       Ms. Mandeep Kaur, Advocate for the complainants.  

                   None for the OP.

 

                   The complainant closed his evidence after tendering affidavit Ex. CA along with documents Ex. C1 to Ex. C15. He further suffered that due to typographical mistake his father name is not mentioned in the complaint and affidavit but the same is mentioned in Ex. C1.

                   None turned up for the opposite today also. None has been appearing on behalf of opposite party since 14.07.2022.

                   Arguments heard. Vide separate detailed order of today, the complaint is allowed with an order that the opposite party shall refund the amount of Rs.1,00,000/- to the complainants within 45 days from the date of receipt of copy of order failing which the complainants shall be held entitled for interest @6% per annum from filing of the complaint till date of actual payment. The opposite party shall further pay a compensation of  Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 45 days from the date of receipt of copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:08.02.2023.

Gobind Ram.