Delhi

North East

CC/76/2020

V K AGGARWAL - Complainant(s)

Versus

PROPRIETOR/MANAGER C-PEARLS/GOLDEN PLATE BANQUET & HOTEL - Opp.Party(s)

NEERAJ KUMAR

10 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.76/20

In the matter of:

 

1.         2.	Shri V.K Aggarwal S/o K.L Singhal R/o: C-11, Nehru Vihar, PS: DayalPur, Delhi-110094   Smt. Rashmi Aggarwal, D/o V.K Aggarwal R/0: C-11, Nehru Vihar, PS: DayalPur, Delhi-110094	Complainant No. 1         Complainant No. 2
	Versus
	Proprietor/Manager C-Pearls/Golden Plate Banquet & Hotel Off: Main Rohtak Road, OYO Metro Pillar No. 511 Above Vishal Mega Mart, Mundka,	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

15.10.2020 17.01.2023 10.03.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

                                                                 ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainants

1. The case of the Complainants as revealed from the record is that the Complainant No. 1 booked C-Pearl/Golden Plate Banquet Hall on 29.07.2019 for the purpose of his daughter’s marriage which was to be held on 08.11.2019. On 29.07.2019, Complainant No. 1 paid Rs. 10,000/- to the Opposite Party as Booking payment of the said hall and on 31.07.2019 again the Complainant No. 1 paid Rs. 40,000/- to the Opposite Party as booking amount. In total, Complainant paid Rs. 50,000/- to the Opposite Party as booking amount. As proof of the payment Opposite Party provided a booking slip to the complainant of Rs. 50,000/- and it is mentioned that on the slip under Terms and Condition it is written that 25 % booking in advance is to be given & advance is non-refundable, on which Complainants did not agreed, they raised this issue to Opposite party and Opposite party said don’t worry, all the Terms and Conditions are mouldable.  It is further stated that 25 % of deduction by the Opposite party is a unilateral contract imposed on the Complainant No. 1 which is a kind of deficiency in service & also unfair trade practice on the part of the Opposite Party. On 24.08.2019, the Complainant No. 1 cancelled the marriage hall booking 74 days before the marriage date and informed the Opposite Party over the phone that the marriage has been cancelled and requested to pay back his advance amount i.e. Rs. 50,000/- and Opposite Party said orally that he would release the amount once he would get any marriage booking order of banquet hall for the same date i.e. 08.11.2019. The Complainants followed up multiple times with the Opposite Party on this matter but Opposite Party lied and misguided the complainants.  ON 08.11.2019, the Complainant No. 2 reached to the said banquet hall to check whether any marriage is going and she found that marriage was going on. On 29.11.2019 Complainants sent the legal notice to the Op but they did not take any action. The complainant has prayed to direct the Opposite Party to pay an amount of Rs. 50,000/- along with @ 12 % p.a.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice on 04.02.2021. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 31.03.2022.

Ex-parte evidence of the Complainants

3. The Complainants in support of their complaint filed their affidavit wherein they have supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by their affidavit and documents filed by them. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay an amount of Rs. 50,000/- i.e. booking amount to the complainants along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 10,000/- to the complainants on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 10.03.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President