Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 55
Instituted on : 22.01.2021
Decided on : 10.07.2023
Rahul Singla, age-30 yrs. Son of Hari Parkash resident of House No. 1833/4, Rajendera Colony, Bhiwani Road, Rohtak.
………..Complainant.
Vs.
Rohtak City Welfare Society, Community Centre, Kachha Beri Road, Near Old Bus Stand, Rohtak through its Manager/Principal Officer/Chairman.
……….Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Surjeet, Advocate for complainant.
Opposite party already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
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2. After registration of complaint, notice was issued to the opposite party through registered post. But none appeared on behalf of opposite party. As such opposite party was proceeded against exparte vide order dated 27.12.2021 of this Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C2 to Ex.C6, Mark C1/A and closed his evidence on 26.05.2022.
4. We have heard ld. counsel for the complainant and have gone through the material aspect of the case very carefully.
5. In the present case it is not disputed that as per booking receipt Ex.C2 an amount of Rs.21830/- has been paid to the Rohtak City Welfare Society. The contention of ld. counsel for the complainant is that the alleged amount was paid to the opposite party for the purpose of booking of Community Centre of the opposite party for complainant’s marriage, fixed for 28.04.2020. But the complainant postponed his marriage program due to outbreak of Covid-19 and due to restrictions imposed by the Government of India. Complainant moved an application Ex.C3 to he opposite party for cancellation of booking and to refund the booking amount. But despite repeated requests of the complainant, booking amount has not been refunded to the complainant. Complainant also served a legal notice Ex.C4 dated 09.12.2020 to the opposite party but no reply was given by the opposite party. We have also perused the instructions issued by the Govt. of India, placed on record as ‘Annexure JN-A’, as per which an order dated 24.03.2020 was issued by the Government whereby the Govt. had temporarily suspended the metro, rail and domestic air traffic services and it was directed to all the Ministries/Departments, State/U.T Governments to take effective measures for ensuring social distancing so as to prevent the spread of Covid-19 in the country. The order shall remain in force, in all parts of the country, for a period of 21 days with effect from 24.03.2020. Hence from the alleged guidelines of the Government, it is proved that complainant has cancelled the booking due to spread of Covid-19 in the country and due to restrictions imposed by the Government of India. On the other hand opposite party did not appear despite service. As such it is presumed that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party of not refunding the booking amount stands proved and there is deficiency in service on the part of opposite party. As such opposite party is liable to refund the alleged amount to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to refund the alleged amount of Rs.21830/-(Rupees twenty one thousand eight hundred and thirty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 22.01.2021 till its realization and also to pay a sum of Rs.6000/-(Rupees six thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant.
7. Copy of this order be supplied to both the parties free of costs.
File be consigned to the record room after due compliance.
Announced in open court:
10.07.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.