Delhi

West Delhi

CC/19/18

HK KHULLAR - Complainant(s)

Versus

RADISSON BLUE HOTEL - Opp.Party(s)

21 Sep 2022

ORDER

 

BEFORE THE CONSUMER DISPUTE REDRESSAL COMMISSION-III(WEST),

C 150-151, COMMUNITY CENTRE, JANAKPURI, NEW DELHI-110058

 

CC No. 18/2019

In re:-

H.K.Khullar                                                                      

C-265, Prashant Vihar,

New Delhi-110085                                                                      ………..Complainant

                                                        VERSUS                                 

 

1.Radisson Blu Hotel

Plot No.D, Distict Centre, Outer Ring Road,

Paschim Vihar, New Delhi-110063

 

2.Pawan Khanna    

Channel Partner,

Radisson Blu Hotel,

333, Pocket 2, Paschim  Puri,

Near Punjabi Bagh Club Road,

New Delhi-110063                                                             ……....Opposite Parties

 

Coram:                                                                             

Ms. SONICA MEHROTRA, PRESIDENT

MS.RICHA JINDAL, MEMBER

MR.ANIL KUMAR KOUSHAL, MEMBER

 

                                                                                                                                                                     Date of Institution: 11.01.2019

Judgment reserved on:24.08.2022

Date of Decision:21.09.2022

 

Present: Complainant in person

             OP ex parte

 

 

 

Per: Anil Kumar Koushal, Member

          Succinctly put, the facts leading to filing of the present complaint are as under:

1. Complainant states that for the marriage of his daughter scheduled on 08.12.2018, he had booked  Radisson Blu Hotel/OP.1 on 11.07.2018 against which he had paid a sum of Rs.1,25,000/- as advance, acknowledged vide two computer generated receipts bearing Nos.198430 (for Rs.50,000/-) and 198431 (for Rs.75,000/-) of the same date.  Further, he had paid a sum of Rs.20,000/- to OP.2 towards videography of the wedding programme and a sum of Rs.7,000/-  to M/s Good Times Concepts Pvt. Ltd, Channel Partner, Radisson Blu Hotel, 303, 3^rd Floor, Radisson  Blu Hotel, Paschim  Vihar, New Delhi (earlier OP.3 herein) towards decoration of the venue.  He was assured at the time of making payments that same would be refundable in any eventuality.  Due to some unavoidable reasons, the complainant could not solemnize the marriage of his daughter on the stipulated date of 08.12.2018, intimation of which was given to OP.1 through mail on 2^nd September, 2018. Complainant   contends that  at the time of cancelling the booking, the OPs had refused to refund the amount paid by him towards advance for the marriage function.  Despite pursuing the matter with the OPs through mail, they are not refunding the amounts paid by the complainant.  The complainant, therefore, vide the present complaint  has prayed  that the money paid by him to OPs  may be got refunded to him as also compensation be awarded in his favour  for the mental harassment  and physical fatigue suffered by him all through.
2.       Along with the complaint, the complainant has placed on record,  the copies of two aforementioned Receipts  issued in the sum of Rs.75,000/- and Rs.50,000/- each, copy of Form No.029 allegedly signed by the complainant at the time of making the booking for marriage relating to flower decoration etc., copy of visiting card of Ms. Sonia Sharma,  copy of receipt  dated 14.07.2018 in the sum of Rs.7,000/- towards flower decoration, copy of visiting card of OP No.2  acknowledging receipt of Rs.20,000/- as alleged in the complaint. , copies of mails written by the complainant on 02.09.2018 and  11.01.2019 to  OP NO.1 only seeking refund of Rs.1.25 lakhs  and the reply received by the complainant on 28.09.2018 from OP.1  refusing to refund any of the advance amount as per their  contract with the complainant.
3.   Upon admission of the complaint on 17.01.2019, notice was issued to OPs for 10.04.2019.   On 10.04.2019, since OPs 1 & 2 despite service did not appear, they were proceeded against ex parte.  As regards OP.3, it was submitted by the complainant that the said OP has since refunded the amount of Rs.7,000/- and his grievance against OP.3 stands redressed.  Accordingly, OP.3 was deleted from the array of parties and the complainant was directed to file ex parte evidence.
4. Complainant filed ex parte evidence and exhibited the documents filed on record.  Written arguments were not filed by the complainant.
5. On 24^th August, 2022, oral arguments of the complainant were heard and orders reserved.  During arguments complainant  stated  that no agreement in writing   was entered into between the complainant and the OPs as  he had made only  a venue booking for the marriage of his daughter for 08.12.2018 and other necessary formalities  related to the marriage were still to be finalised.  Only certain blank  papers in this regard were got signed from him by the representatives of OP, copies of which were not given to him.  Complainant contended that due to unavoidable circumstances he had to cancel the booking of the venue. Reasons for cancellation of the booking were mentioned in the mails of the complainant dated 02.09.2018 and 11.01.2019 wherein it was mentioned that since the groom was settled abroad,  the booking of the venue was to be finalised in consultation with  the family of the groom.  The family of the groom  on arrival at Delhi in the last week of August, 2018 did not like the venue and the food served and therefore, they being not satisfied, he wrote to OP.1 well in advance i.e.    more than three months in advance vide email dated 02.09.2018, to cancel the bookings so made by him in connection with marriage of his daughter which was slated for 08.12.2018.  Complainant submits that he kept on persuading  OPs 1 & 2 to refund him the advance amount but they were adamant  that as per contract entered into by the complainant with them, the amount cannot be refunded to the complainant.  Complainant reiterated that no such agreement in writing was executed between him and the OP.   No services were availed by the complainant from the OPs 1 & 2 towards the advance given by him.  The decision of the OPs 1 & 2 in not refunding the amount is arbitrary, once sided and against the principles of natural justice.
6. Having gone through the pleadings filed on record we feel that  since the OPs 1 & 2 have chosen not to appear before this Commission, the arguments of the complainant  have to be taken to be true unless proved otherwise later on.  It is clear from the pleadings and arguments advanced by the complainant that the complainant had informed about cancellation of the venue booking etc. to the OPs 1 & 2 well in advance.  No  financial loss is alleged to have been suffered by  OPs 1 & 2 in their mail reply to the complainant.  No services have been availed by the complainant from the OPs 1 & 2 in return for the advance paid by him for the marriage of his daughter on 08.12.2018.  In the absence of any written contract or averment  on behalf of  OPs 1 & 2 on record, the decision of  OPs 1 & 2 in not refunding the advance payments of Rs.1,25,000/- and Rs.20,000/- respectively  to the complainant is untenable, capricious and against the principles of natural justice.  This amounts not only to deficiency in service but also unfair trade practice.
7.     Accordingly  OPs 1 & 2 are held liable for the deficiency in service and unfair trade practice. The complaint is allowed and OP 1 is directed to refund the amount of Rs.1,25,000/- and OP.2 to refund Rs.20,000/-  to the complainant. Both the amounts shall carry interest @ 6% p.a from the date of filing of the complaint  till realisation.   For the sufferings of the complainant all through, who kept on pursuing the matter with  OPs 1 & 2  and finding no resolution, was compelled to file  the present complaint seeking refund of his legitimate amounts, OP No.1 is directed to pay a sum of Rs.8,000/-  and OP.2 to pay a sum of Rs.2,000/-  to the complainant as compensation.  Let this order  be complied with by the OPs 1 & 2 within thirty days of receipt of copy of this order.

A copy of this order shall be supplied to parties to the dispute free of cost  under Regulation 21 of CPR, 2020 on a written requisition/application being made by them in the name of  President of this Commission.

 

(Richa Jindal)                                      (Anil Kumar Koushal)                   (Sonica Mehrotra)

  Member                                                         Member                                    President