ORDER

10.05.2024

SH. RAJESH, MEMBER

1. Present complaint has been preferred by complainant seeking direction to OP to refund Rs. 80,000/- paid on account advance payment for the Banquet Hall of OP booked by complainant.
2. It is stated that complainant had booked banquet hall of OP on 04.03.2020 for his daughter’s wedding for 300 people to be held on 28.04.2021 for a total consideration amounting to Rs. 3,11,000/- and on same day complainant paid advance Rs. 10,000/- in cash and again advance was paid on 06.03.2021 Rs. 50,000/- in cash and again on 07.03.2021 advance was paid in cash and Rs. 20,000/- to OP.    Thus total amount of Rs. 80,000/- was paid by complainant to OP.   
3. It is stated that due to severe corona Pandemic abovesaid wedding function couldn’t be performed as per the guidelines of the Govt. of NCT of Delhi. A letter dated 22.06.2021 was addressed to OP. However OP paid no heed to written and verbal requests of complainant. Hence the present complaint preferred by complainant seeking refund of advance booking amount with interest, cost and compensation.   
4. Notice was issued to both OP, however despite service, OP neither appeared nor filed Written Statement within statutory period, hence OP was proceeded Ex Parte vide order dated 02.06.2022 by the Ld. predecessor Bench.
5. In order to substantiate allegations made in the complaint the complainant has also led his Ex Parte Evidence by way of affidavit reaffirming the averments made in the complaint. 
6. We have heard the complainant and perused the record available before us.
7. From the bare perusal of the facts and allegations made in the complaint by the complainant it is apparent that the complainants paid a sum of Rs. 80,000/- to OP for booking the banquet hall of OP for wedding function of his daughter to be held on 28.04.2021. However due to Govt. restriction during Covid Pandemic the said function couldn’t be performed and therefore complainant demanded refund of advance amount from OP. However, OP failed to refund the amount to complainant.
8. Complainant has alleged that he paid a sum of Rs. 80,000/- to OP and in order to prove that complainant has paid this sum of Rs. 80,000/- in three parts on 04.03.2020 Rs. 10,000/- in cash and again on 06.03.2021 Rs. 50,000/- in cash and again on 07.03.2021 Rs. 20,000 in cash and /- to OP. In order to prove the fact of payment the Complainant has placed on record Photocopy of booking application form dated 04.03.2020 signed by himself and by authorized representative of OP, however, is on the front and back side of the same reflecting an amount of Rs. 80,000/- on three different dates as advance paid amount.
9. On perusal of the abovementioned booking application form it is transpired that the plea of the complainant that he paid Rs. 80,000/- total in cash to OP, in the absence of rebuttal of the same is proved.
10. Since the wedding function couldn’t be performed due to Govt restrictions during Covid 19 Pandemic. Therefore OP is liable for deficiency in service for keeping advance amount of the complainant and not returning the same despite written request as defined under C.P. Act.  
11. In view of above discussions holding OP liable for deficiency in services, present complaint is allowed, therefore, OP is directed to refund a sum of Rs. 80,000/- on account advance booking amount from date of filing of the present complaint and Rs. 25,000/- as compensation for mental, agony and harassment including cost of litigation to complainant within thirty days of receiving this order failing which entire amount shall carry interest @ 9% p.a. from date of non payment till its realization.  
12. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 10.05.2024.

(SANJAY KUMAR )              (NIPUR CHANDNA)            (RAJESH)

    PRESIDENT                        MEMBER                           MEMBER