DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.98/2018
Mr. Sandeep Khatri
S/o Late Sh. Balraj Khatri,
R/o Flat No.204, Plot 56-57,
Ramprastha Greens, Sector-7 Vaishali,
Uttar Pradesh-201010
….Complainant
Versus
- Oodles Hotels” G K Motel Pvt Ltd.
Through it Managing Director
759-762, Main Road, Chattarpur,
New Delhi-110074
- Ms. Pooja
759-762, Main Road, Chattarpur,
New Delhi-110074
- Mr. Praveen
759-762, Main Road, Chattarpur,
New Delhi-110074
- Mr. Manish
759-762, Main Road, Chattarpur,
New Delhi-110074
- Mr. Ripu Dhaman
759-762, Main Road, Chattarpur,
New Delhi-110074
….Opposite Parties
Date of Institution : 28.03.2018
Date of Order : 03.01.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
1. On the strength of his complaint, Complainant prays for directions to OP to refund the amount of Rs.2,00,000/- to the Complainant and direct OP to pay sum of Rs.1,00,000/- towards compensation for mental agony and harassment alongwith Rs.21,000/- towards the cost of litigation.
2. Complainant approached Oodles Hotels G K Motel Pvt Ltd. hereinafter referred to as OP, to book the venue for marriage ceremony of his daughter, which was to be solemnized tentatively either on 17.02.2018 or 24.02.2018. Complainant after seeing the venue and having a detailed discussion with OP, got an estimate of Rs.13,84,700/ to solemnize the marriage ceremony of his daughter. Complainant made payment of Rs.1,00,000/- by Cheque dated 25.10.2017, receipt of the same was given by OP which is annexed as Annexure C-2. Thereafter, on 28.10.2017 Complainant made payment of Rs.1,00,000/- by cash confirming the date of wedding to be 24.02.2018. Receipt No.043 was issued against the said payment by OP, and the same is annexed as Annexure C-3.
3. It is next stated that Complainant’s Aunt, who was residing with him expired on 30.10.2017. Copy of the death certificate is annexed as Annexure C-4. Complainant informed OP regarding the death in the family and on 27.11.2017 intimated OP about his incapability to execute the wedding ceremony of his daughter at the said venue. Representative of OP assured the Complainant regarding refund of the advance money and asked the complainant to formally request for refund on the official email Id of OP. Complainant complied with the same and wrote an email on the official Email ID of OP but no positive response to the said mail was given. Thereafter, the Complainant sent several reminders to OP to refund the amount paid. As Complainant received no positive response from OP, Complainant approached the Commission for redressal of his grievance.
4. OP was proceeded exparte on 30.10.2018 as none appeared on behalf of OP despite service. Exparte evidence and written submissions are filed on behalf of the complainant. Submissions made on behalf of the complainant are heard. Material placed on record is perused.
5. Averments made in the complaint have remained uncontroverted and unchallenged therefore there is no reason to disbelieve the version of the complainant.
6. It is clear from receipt No.1314 and 043 dated 25.10.2017 and 28.10.2017 that the complainant paid an advance of Rs.2,00,000/- to OP to host the wedding function of his daughter. It is also seen from the material placed before us that the marriage function of the daughter of the complainant was to be first held on 17.02.2018 and later the date of marriage was changed to 24.02.2018. Complainant’s Aunt expired on 30.10.2017 i.e 2 days after the advance payment of Rs.1,00,000/- was made to OP on 28.10.2017. First written communication regarding the cancellation of venue was given by the complainant to OP on 29.11.2017.
7. This commission is of the opinion that OP was informed well in time, approximately three months in advance regarding the cancellation of venue. Moreover, it was due to unavoidable circumstances that the complainant was compelled to cancel the booking. Therefore, we are of the opinion that OP cannot retain the whole amount of the complainant without providing any service for the same.
8. Accordingly, OP is directed to retain some amount towards administrative charges, which we quantify at Rs.25,000/- and is directed to refund the remaining amount i.e Rs.1,75,000/- to the complainant @6% per annum from the date of filing of the complaint till realization. Additionally, OP is directed to pay Rs 10,000/towards harassment and litigation cost.
File be consigned to the record room and order be uploaded on the website.
