DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C. No. 11 of 12-01-2021

Decided on : 28-02-2022

Rattan Vir Puri aged about 64 years S/o Sh. Dharampal R/o H. No. 139, 3/3 Green Avenue, Bibi Wala Road, Bathinda.

........Complainant

Versus

Redwood Resorts, Panchkula Road, Near Nada Sahib Gurdwara, Sector 31, Panchkula, Haryana through its Proprietor/Partner/MD/Manager/Authorized Signatory

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Sh. Kanwar Sandeep Singh, President

Smt. Paramjeet Kaur, Member

Present

For the complainant : Sh. Ashok Gupta, Advocate

For opposite party : Exparte.

ORDER

Kanwar Sandeep Singh, President

1. The complainant Rattan Vir Puri (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Redwood Restorts, Panchkula (here-in-after referred to as opposite party).

2. Briefly stated the case of the complainant is that he wanted to arrange function of marriage of his daughter, so he booked the resort of the opposite party for marriage purposes which was scheduled for 16-4-2020. The complainant booked rooms, wedding hall and breakfast, dinner including other services. The booking was from 15-4-2020 to 17-4-2020.

3. It is alleged that complainant made these bookings in the month of November/December 2019 and an advance payment of Rs 1,00,000/- was paid through banking channel on 4-12-2019 through RTGS in the account of opposite party vide UTR No SBIN219338969042.

4. It is further alleged that due to COVID pandemic, complete lockdown throughout the nation was clamped by Ministry of Home Affairs w.e.f 22-3-2020 and curfew was imposed throughout Punjab till 20 May 2020. After that, no services or gatherings were allowed or permitted in marriage places, hotels etc., and these were totally shutdown till date. Due to this reason, marriage of daughter of complainant could not be held on 16-4-2020 under forced circumstances as mentioned above. So, no marriage took place at the resort of opposite party.

5. It is also alleged that opposite party was well aware of this fact regarding complete lockdown in the entire country. The complainant immediately informed the opposite party on mobile regarding cancellation of wedding due to prevailed circumstances. The complainant demanded refund of Rs. 1,00,000/- paid to the opposite party. The opposite party promised to refund the amount after lifting of lockdown and opening of banks, but the opposite party did not refund the amount depisite repeated reminder of the complainant.

6. The complainant alleged that he sent written request dated 30-9-2020 for refund of aforesaid amount and opposite party sent reply dated 8-10-2020 to complainant whereby opposite party made cooked up story regarding re-booking of resort on 30-10-2020 to 1-11-2020 by complainant, which is totally false. The false claim of re-scheduling of wedding is totally distorted only to swallow the advance booking amount of Rs. 1,00,000/-.

7. The complainant also got served legal notice dated 2-11-2020 upon the opposite party, but to no effect. The complainant alleged that despite his repeated requests, the opposite party failed to refund his booking amount of Rs. 1,00,000/- due to which he is suffering mental tension and loss of physical health.

8. On this backdrop of facts, the complainant has prayed for directions to the opposite party to refund Rs. 1,00,000/- with interest @18% p.a. and also pay Rs. 50,000/- as compensation in addition to litigation expenses.

9. Registered notices of this complaint, firstly on 21-1-21 and again on 23-7-21 were sent to the opposite party. None appeared on behalf of the opposite party despite service of notices. Hence, exparte proceedings were taken against the opposite party.

10. The complainant in exparte evidence, tendered photocopy of account statement (Ex. C-1), photocopy of letter (Ex. C-2), photocopy of postal receipt (Ex. C-3), photocopy of legal notice (Ex. C-4), affidavit dated 8-1-2021 of complainant (Ex.C-5). The complainant also tendered photocopy of reply to letter and postal receipt (Ex. C-6 & Ex. C-7) in additional evidence.

11. The learned counsel for the complainant reiterated his stand as taken in complaint.

12. We have heard learned counsel for the complainant and gone through the record.

13. A perusal of file reveals that as per account statement (Ex. C-1), an amount of Rs. 1,00,004.72 has been transferred in the account of opposite party (Arzoo Group/Redwood Resort) through RTGS/NEFT on 4-12-2019. The version of the complainant is that the said amount has been paid by him as booking amount for booking of Redwood Resort for the period from 15-4-2020 to 17-4-2020 for arranging function of marriage of his daughter but due to lockdown/curfew (COVID pandemic), marriage could not take place. Ex. C-2 is the letter dated 30-09-2020 which reveals that complainant has requested the opposite party to refund the amount of Rs. 1,00,000/- paid by him as booking amount. The complainant has also placed on file reply of this letter (Ex. C-6) sent by opposite party through e-mail to complainant. A perusal of this document shows that opposite party has admitted booking of Resort and also that services were not availed by the complainant due to COVID pandemic and nationwide lockdown issued by Ministry of Home Affairs. The opposite party has also mentioned in this e-mail that complainant rescheduled the booking from 30^th October to 1^st November which was also got cancelled by complainant in the first week of Ocotober. This e-mail further reveals that at Point 14, it is mentioned that in case of any cancellation or change in date prior to 30 days of function, the party is eligible to pay the settled amount of the function at the time of booking. Vide this document, the opposite party asked the complainant to make the payment of balance payment.

14. The opposite party, vide aforesaid mail has admitted that complainant has not availed the services for which he made payment of Rs. 1,00,000/-. The complainant has cancelled the booking due to circumstances which were beyond his control. The complainant got served legal notice upon the opposite party, but the opposite party neither replied to the said notice nor refunded the booking amount of the complainant. Since there was outbreak of the Coronavirus (COVID-19) which has been declared as global pandemic as per instructions issued by Ministry of Home Affairs, so it was not possible for complainant to organize and celebrate marriage of his daughter in the Resort of the opposite party. In such circumstances, the opposite party is bound to refund the amount deposited by complainant for the services which he has not availed due to circumstances which were beyond his control.

15. The opposite party did not appear and contested the claim of the complainant, before this Commission despite service of notice. Therefore, the complainant is entitled to refund of his booking amount as the complainant has led sufficient evidence to prove his case. Thus, there is deficiency in service on the part of the opposite party in not refunding the booking amount of Rs. 1,00,000/- to complainant despite his repeated requests.

16. In view of what has been discussed abvove, this complaint is partly allowed with Rs.10,000/- as cost and compensation. The opposite party is directed to refund the booking amount of Rs. 1,00,000/- to complainant with interest @ 6% p.a. w.e.f. 15-10-2020 (i.e. 15 days after demand/refund request letter dated 30-9-2020) till payment.

17. The compliance of this order be made by the opposite party within 45 days from the date of receipt of copy of this order.

18. The complaint could not be decided within the statutory period due to heavy pendency of cases.

19. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced :

    28-2-2022 (Kanwar Sandeep Singh)

    President

     

     

     

    (Paramjeet Kaur)

    Member