BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 29^THDAY OF JULY 2022

ORDER

SRI.H.JANARDHAN, MEMBER

1. This complainant has been filed by the complainant under section 35 of C.P.Act 2019 seeking direction against  OP to refund  an amount of Rs.2,53,700/- towards rent for marriage hall on 13^th & 14^th day of May 2021 along with interest at 18% p.a. as compensation with cost.

2. The brief facts of the complaint are as follows:

The complainant has approached the OP choultry/convention center for performing the marriage function of his  daughter  on 13^th & 14^th May 2021. The complainant and the complainant booked the choultry on 19.12.2020 for two days i.e. on 13^th & 14^th day of May 2021 by paying Rs.2,15,000/-  to provide allied service.  The complainant booked the conventional hall on 19.12.2020  paid Rs.2,15,000/- and also paid CGST and SGST of Rs.19,350/- each at 9% and totally sum of Rs.2,53,000/-. The complainant issued cheque for  sum of Rs.2,53,700/- through Sudha Co-operative Bank and OP issued receipt bearing no.582  dt.19.12.2020 and said cheque was realized by OP, but due to COVID pandemic situation and lockdown imposed by the Government which was extending from time to time restricting  the limit of people   attending the marriage functions in the choultry and convention centres. On such circumstances, the complainant could not perform the marriage at choultry and was forced to postpone the marriage due to  prevailing situation at the time in the city, state and country. By at that time it was not an intentional one the situation was not in the hands of any person and the complainant intimated the OP and  sought for refund due to  cancellation of the marriage during March 2021.  After said intimation, OP agreed to refund the amount and sought  two months for repayment of the same.  Though the complainant made personal request to OP, but failed to repay the booking amount after  expiry of the said period. Again, the complainant personally  visited the concerned officer of the OP choultry on 26.04.2021 and sought for refund of the amount  OP sought for more time to repay the same. Even after lapse  of one month, OP did not repay the above said amount. Finally, the complainant got issued legal notice  on 30.07.2021 called upon the OP for refund of the amount. OP got issued untenable reply on 17.08.2021 agreed to refund 50% of the booking amount, but the complainant again had contacted with the OP, but OP failed to repay the entire amount, but insisted that  50% of amount will be deducted, for which the complainant did not agree and being aggrieved by the act of the OP complainant had filed the present complaint.

3. After issuance of notice, OP appeared through counsel and filed version. The OP contended that  the complaint is not maintainable either in law or on facts. It is also contended by the OP that booking of the convention centre is a conditional booking with terms and conditions  that 100% rent will be collected at the time of booking of the convention hall and in case of any cancellation the entire rental amount is forfeited  or 10% of the total rent amount is deducted from the  rental amount paid as against re-booking of the convention center for the same by some other 3^rd  party. OP contended that conditional rebooking of the convention centre  was clearly  explained   at the time of booking on 19.12.2020.  The complainant duly consented and agreed such terms and conditions paid Rs.2,53,700/-. The booking made by the complainant with condition precedent  for accepting choultry and same is explicity and  clearly mentioned in advance booking receipt.  The imposition of curfew, lockdown are not under the  control of OP and they have not played any major role amounting to deficiency of service. The OP also contended that  CGST and SGST @ 9% collected from the complainant  has been remitted to the appropriate authorities, which is not refundable. OP after thorough discussion and deliberation about financial losses incurred due to COVID-19 situation OP have decided to     refund 50% of the booking amount received at the time of booking and also OP is always willing to refund 50% advance  considering the interest of its customers. OP also contended that  refund of booking amount is only when the hall is booked by someother 3^rd party on the same day. Accordingly, no such booking has happened and such claim of complainant for full refund is unjustifiable and devoid of merits and further denying all other allegations made in the complaint prays to dismiss the complaint with exemplary costs.

4. The complainant filed his affidavit evidence and got marked Exhibit P1 to P7. The OP also filed affidavit evidence and marked Exhibits R1 to R6.

5.       Heard argument of the complainant and arguments of OP is taken as nil.

6.       The points that would arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- Affirmative.

      Point No.2:- Affirmative in part.   

      Point No.3:-As per the final order.

REASONS

8.  Point No.1 & 2: On perusing the pleading and version of the parties it is proved that the complainant had paid amount of Rs.2,53,700/- towards booking of choultry as per Exhibit R1, P1 and the OP also acknowledges the receipt of payment. But due to covid-19 pandemic during 13^th & 14^th May 2021 complainant was not able to perform the marriage. While booking of marriage hall the complainant was also provided terms and conditions under  Exhibit P2  were provided and also communicated the same to the OP by letter dt.26.04.2021 under Exhibit P3 that marriage will not be performed on 13^th & 14^th May 2021 due to Covid-19 pandemic and after cancelling the marriage  the complainant approached the OP for refund of the amount, OP was ready to refund the amount at 1^st instance, but OP told that he is ready to pay only 50% of the amount. The legal notices were exchanged  between the complainant and OP and the legal notice sent by the complainant which is marked as Exhibit P4 In which he sought for refund of entire amount and exhibit P5 reply of the  OP, in which he had stated that he is ready to repay 50% of the amount and not entire amount. But when the complainant has not performed the function with OP convention centre due to Covid, OP is bound to refund the amount. When the Covid-19 situation, which was prevailing at the time of marriage and no party will be consigned to perform the marriage. During that time when certain restrictions were imposed by the government. When such being the case the complainant cancelled the marriage  and sought for refund, but instead of refunding the amount OP insisted the complainant that he is going to refund only 50% of the  amount, which is  unfair on the part of the OP. There are  conditions  which are stipulated  as per exhibits P2, but  the said terms and conditions are not signed by both the parties and the same cannot be construed as meeting of mind about terms and conditions. It is unilateral document which was formed by the OP which is not maintainable in the eyes of the law. Under such circumstance OP is liable to be  refund amount after deducting GST. More ever OP have paid SGST and CGST to the concerned authorities. When the OP could have refund that amount of Rs.2,15,000/- after deducting 10% of the advance  amount at the time of cancelling the booking, but in the instance case OP have not done so. We deem it order for refund Rs.2,15,000/- along with interest at 9% from the date of payment till realization, which will suffice and when the interest is granted no compensation can be awarded. However, the complainant has engaged service of advocate for filing the present case. The complainant is entitled to Rs.10,000/- as cost of litigation. To comply the above said order time limit is to be  fixed for 60 days. Hence, the complainant is entitled for  the following  reliefs.

9.  Point no.3:- The OP is liable to refund Rs.2,15,000/- with interest  at 9% p.a. from the date of payment till realization. OP is also liable to pay Rs.10,000/- towards cost of litigation. In view of the discussions made above and findings given on point Nos.1 and 2, we proceed to pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP shall refund Rs.2,15,000/- to the complainant with at 9% p.a. from the date of payment till realization and pay Rs.10,000/- as  cost of litigation.
3. The OP shall comply this order within 60 days from  this date, failing which the OP shall pay interest at 11% p.a. on Rs.2,15,000/-  after expiry of 60 days till realization.
4. Furnish the copy of this order to both the parties and return extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 29^th  day of July, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :