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

DATED 05^TH DAY OF JUNE 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. This complaint has been  filed under section 35 of C.P.Act, 2019 for the following reliefs;

1. To refund the advance amount of Rs.1,05,000/- to the complainant along with 18% p.a., from the date of rejection of refund of advance amount i.e., 20.04.2022.
2. To pay the cost of this complaint along with advocate fee.
3. Any other relief deems fit.

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

The complainant had fixed his daughter’s marriage on 23.05.2021.  On 12.03.2021 he booked marriage hall for two days on 22^nd and 23^rd May 2021 and paid the total advance amount of Rs.1,05,000/-.

3. During May 2021, Covid-19 was in peak condition in Bangalore and government has passed an order not to celebrate any functions in the public places and not more than 50 people can assemble in any public place. Due to covid-19 situation the complainant decided to cancel the convention hall and to celebrate his daughter’s marriage in the home itself. Accordingly on 20.04.2022 complainant personally went and cancelled the convention hall and seek for return of advance amount.  The OP rejected to pay the advance amount of Rs.1,05,000/-.  The complainant repeatedly requested the OP for refund of advance amount, but the OP did not respond to refund the advance amount. The non-refund of Rs.1,05,000/- amounts to deficiency of service. Hence complainant issued legal notice date 16.07.2022 to the OP, but the OP neither replied to the notice nor refunded the amount. Hence this complaint.
4. After receipt of notice, the OP appears and files version. The OP contends that the complaint is not maintainable either in law or on facts. The OP admits receipt of Rs.1,05,000/- from the complainant against full rent of Rs.4,25,000/- including Rs.40,000/- towards the rent of Punam Mahal Convention Hall for 22^nd and 23^rd day of May 2021. The complainant is binding on the conditions mentioned in the booking ticket and he was agreed for all the condition at the time of booking the convention hall. In view of the said condition as per clause 5 mentioned in the conditions the advance amount is not refundable.
5. It is the specific case of the OP that the complainant has not informed him earlier about the cancellation.  If the complainant has informed earlier this OP would have taken the booking for the said particular date if any customer come forward for booking.  In such circumstances, the OP may adjust and refund some part of payment after necessary deduction.  In this case the complainant never informed this OP, hence this OP has kept hold the premises of Punam Convention for the said particular date and after lapse of one year the complainant came for demanding refund of advance amount and it is not fare.  The complainant is not entitled for the same, because of the negligent act of the complainant. When the complainant approached him after lapse of one year it seems the malafide intention of the complainant to grab the money from this OP.
6. It is further case of the OP that the complainant has paid advance amount of Rs.1,00,000/- out of the total rent amount of Rs.3,00,000/- and the complainant was required to pay the remaining amount of Rs.2,00,000/- in order to avoid such payment and the liability the complainant has filed this complaint. As per the booking terms and conditions and contract the complainant has not paid the full amount of Rs.3,00,000/- and after completion of the function on the booked date the complainant supposed to pay the remaining amount.  in this present case the complainant never paid the full amount of Rs.3,00,000/- towards the rent and in view of this, this OP has suffered a loss of Rs.2,00,000/-.  This OP has not claimed the said amount from the complainant on humanity ground. Despite that the complainant has filed this complaint with malafide intention.  The complainant is not entitle to claim any such relief as prayed in the complaint and it is liable to be dismissed with exemplary cost.  Hence the OP prayed for dismissal of the complaint.
7. The SPA holder of the complainant files his affidavit evidence and relies on 03 documents. The OP has filed his affidavit evidence and relies on 02 documents.
8. Heard the arguments of both sides. Perused the written arguments filed by the complainant and the documents filed by both the parties.
9. The following points 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?

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

       Point No.1 &2:- Negative

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

REASONS

11. Point Nos.1 and 2:.In order to avoid repetition of the reasons, these two points have been taken for common consideration.
12. It is undisputed fact that the complainant daughter’s marriage was fixed on 23.05.2021. after that he visited the OP on 12.03.2021 and booked the hall for two days on 22^nd and 23^rd May 2021 and paid total advance amount of Rs.1,05,000/- out of which Rs.5,000/- was paid through case and remaining Rs.1,00,000/- was paid through cheque.  On recipt of advance the OP has issued receipt for booking hall as an acknowledgement.
13. The complainant has produced the copy of the acknowledgement issued by the OP as Document No.1.
14. It is further grievance of the complainant that during the month of May 2021 covid 19 situation was in a peak condition in Bangalore.  Accordingly government has passed an order not to celebrate any function in the public function and not more than 50 people can assemble in any public place. As per the government notification the complainant could not able to do his daughter’s marriage at the said convention hall. Hence the complainant decided to cancel the convension hall and to celebrate his daughter’s marriage in the home itself.
15. The complainant has personally went to OP on 20.04.2022 and cancelled the convention hall which was already booked on 12.03.2021 and requested the OP to return the advance amount.  The OP has rejected to pay the advance amount.  After that the complainant got issued a legal notice through his counsel on 16.07.2022 and the same was received by the OP on 20.07.2022.  Inspite of receipt of the legal notice the OP has not come forward to refund the advance amount and has not replied to the legal notice.
16. The complainant has produced the copy of the legal notice as document No.2 and he has produced the Special Power of attorney as document No.3.   
17. On the other hand, the grievance of the OP is that as per clause-V of the condition mentioned in the advance registration certificate i.e., Ex.R.1 the complainant is not entitled to claim the relief i.e., the advance amount is not refundable.  Even though the complainant has booked the OP convention centre for particular date and the same was reserved for the said purpose.  The said booking was not cancelled since the complainant has not informed the OP immediately or prior to the booked date and the complainant never took the convention hall for marriage on 22^nd and 23^rd of May 2021.  If at all the complainant has informed the OP earlier, he would have taken the booking for the said particular date if any customer came forward for booking.  In such circumstances, the OP may adjust and refund some part of payment after necessary deduction.  In the present case the complainant has never informed the same to the OP.  Hence he has kept hold the premises of Punam Convention for the said particular date and after lapse of one year the complainant came for demanding refund of the advance amount and it is not fair.  
18. The OP has relied on the registration certificate with terms and conditions and also verification list.
19. It is undisputed fact that the complainant has booked the OP convention hall for 22^nd and 23^rd of May 2021 on 12.03.2021 by paying an amount of Rs.95,000/-+5,000/-. As per the terms and conditions of the registration certificate entered between the complainant and OP the advance amount paid is nonrefundable.  
20. It is also admitted fact that during the month of May the covid-19 situation was in peak condition in Bangalore, accordingly the government has passed an order not to celebrate any function in the public places and not more than 50 people can assemble in any public place. In view of this the complainant would not able to do his daughter’s marriage in OP convention hall.  It is also clear from the very admission made by the complainant that due to covid-19 situation and to abide by the government notification the complainant has decided to cancel the convention hall and celebrate his daughter’s marriage in the home itself.
21. It is undisputed fact that the marriage was fixed on 22^nd and 23^rd May 2021.  If at all the complainant has decided to cancel to celebrate his daughter’s marriage at OP’s convention hall he would have informed earlier to the marriage date i.e., prior to 22^nd and 23^rd May 2021.
22. It is the duty of the complainant to immediately inform the OP about the cancellation of the OP convention hall.  But the complainant has failed to inform to the OP immediately after he decided to cancel to celebrate his daughter’s marriage in OP’s convention hall.  The complainant has approached the OP personally on 20.04.2022 after lapse of one year after booking and demanded the OP to return the advance amount, which was paid on 12.03.2021.
23. Document No.1 the receipt issued by the OP is not at all in dispute.  The terms and conditions in the document No.Ex.R1 is also not at all in dispute.  When the complainant has booked the OP convention hall after accepting all the conditions in the registration certificate, he is bound by the same. Though the covid situation is an exception for the complainant to claim the amount the complainant has not approached the OP immediately after he decided to cancel the OP convention hall.  If the complainant has informed the OP before 22^nd and 23^rd May 2021, the OP would have taken booking from other customer, who come forward to celebrate or to perform any function in his convention hall.  The OP would not have kept the convention hall vacant for both the days on 22^nd and 23^rd May 2021.  The conduct of the complainant in approaching the OP after lapse of one year i.e., on 20.04.2022 clearly discloses the lethargic attitude of the complainant.  The complainant himself is negligent.  Hence he cannot blame the OP for non refund of the advance amount. The complainant cannot take the advantage of the covid-19 situation for his negligent act.  Nothing prevented the complainant from informing the OP about the cancellation earlier to the date of marriage. Under these circumstances, the complainant is not entitle for any relief.  The complainant has failed to establish the deficiency of service on the part of the OP.  Hence we answer point No.1 and 2 in the Negative.
24. Point no.3:- In view of our findings   on point no.1 & 2, the complaint liable to be dismissed.  Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is Dismissed. No cost.
2. Furnish the copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 05^th  day of June, 2023)

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

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