BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 22^nd day of February 2017

Filed on : 10-07-2015

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.463/2015

Between

Sunny Kulathakkal, : Complainant

Flat No. 203, Pradhan Garden, (By Adv. Sunny Kulathakal,

3^rd Cross, 2^nd stage, Sivan Madathil & associates

Domlur, Bangalore-71. C. No. 604, 6^th floor, KHCAA Golden

Jubilee Chamber Complex, High Court

of Kerala, Ernakulam-682 031.

And

1. Ramada Resorts Pvt. Ltd., : Opposite parties

Rep, by its General Manager, (absent)

Suresh Kumar,

Ramada Resort,

Kumbalam Sourth,

Kochi-682 506.

2. M. Bruno Aloysius, (2^nd o.p. Removed from party array

Manager, Ramada Resort, on allowing I.A) 437/16 on 07-07-2016)

Kumbalam South,

Kochi-682 506.

O R D E R

Cherian K. Kuriakose, President.

1. Complainant's case

2. The complainant entered into a contract with the opposite party M/s. Ramada Resorts during October 2012 for taking out the hotel premises for the receptions and wedding ceremony of complainant's son which has to be solemnized on 30-12-2012. The complainant gave Rs. 2,00,000/- by way of cheques as an advance payment to the opposite party, later due to certain unavoidable circumstances the marriage venue was shifted to Puthuppally in Kottayam District. Therefore immediately the complainant informed the change of venue to the opposite party much in advance, to avoid inconveniences of the opposite party for providing such facilities for needy person. When the complainant demanded the return of the advance amount the opposite party paid only Rs. 1.5lakchs and retained Rs. 50,000/- without any justification. The opposite party was not put to any inconveniences due to the cancellation. The opposite parties are collected and retained Rs. 50,000/- from the complainant without providing any service to the complainant. Therefore the complainant had issued a legal notice by email on 27-01-2014. Though the notice was newly acknowledged by the opposite party no reply was sent against the notice. The opposite party is cheating an amount of Rs. 50,000/- arbitrarly and without providing any service and therefore the complainant is entitled to get an order directing the opposite party to return the amount with interest costs and compensation for the mental agony suffered by him.

3. Notice was issued to the opposite party and the opposite party did not appear pursuant to the notice hence the opposite party was set exparte.

4. When the matter came up for complainant's evidence the complainant filed an affidavit supporting the allegation in the complaint. Exbts. A1 to A3 documents were marked.

5. The following issues were settled for consideration

i. Whether the complainant has proved that the opposite party has committed deficiency in service and unfair trade practice ?

ii. Is the complainant is entitled for compensation and refund as prayed for?

Iii. Reliefs and costs.

6. Issue Nos. i and ii. The complainant filed an affidavit in support of the allegations and averments in the complaint. Exbt. A1 is the bank statement pertaining to account No. 671736397174 operated by he complainant in M/s. State Bank of Travancore, Indira Nagar, Bangalore. It is seen from Exbt. A1 account that is on 28-05-2012 cheque no. 0303408 issued to the complainant for Rs. 2,00,000/- was passed. Exbt. A2 is an email communication sent by the learned counsel for the complainant to Mr. Suresh kumar of the 1^st opposite party of the resort on 21-7-2014 calling upon him to repay the deposit amount of Rs. 50,000/- with interest.

Exbt. A3 is another email communication issued to the complainant to the opposite party on 31-10-2013 demanding the refund of Rs. 50,000/- . There was no reply for the above notice and letters. The proff affidavit filed by the complainant would go to show that the opposite party did not provide any service to the complainant and that the cancellation of the booking done about two and half months before the scheduled date of the marriage and receptions. Therefore it can not be said that the opposite party has been put to any financial loss due to the cancellation of the booking. The opposite party did not appear to contest the allegations containing the complaint. In the absence of any such contest and evidence with regard to the loss sustained to the opposite parties, we find that the complainant is entitled to get back Rs. 50,000/- from the opposite parties, which is the balance amount of the advance paid. We find the issues in favour of the complainant.

7. Issue No. iii. Having found issue nos. 1 and 2 in favour of the complainant we find that the complaint is allowable and

i. we direct the opposite party, the General Manager, M/s. Ramada Resorts Pvt. Ltd to refund Rs. 50,000/- with interest @ 12% p.a. with effect from 28-05-2012 the date on which it was paid till the date of realization.

1. 2. ii. The complainant is allowed to realize the costs of its proceedings which we estimated Rs. 5,000/-. The payments as per the above direction shall be made from 1 months within the receipts of its order.

Pronounced in the open Forum on this the 22^nd day of February 2017

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

APPENDIX

Complainants Exhibits

Exbt. A1 : Certificate dt, 06-04-2015

A2 : True copy of email dt. 01-02-2014

A3 : True copy of e-mail dt. 26-01-2014

Opposite party's Exhibits: : Nil

Copy of order despatched on :

By Post: By hand: