DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 66/2014
Date of Institution - 05/02/2014
Date of Order - 20/07/2016
In matter of
1-Tajinder Pal Singh, Adult
T-2405, Faiz Road
Karol Bagh, New Delhi 110005
2-A P Singh
V- 19, Naveen Shahdara, Delhi 110032……..………..…………….Complainant
Vs
1- M/S S K East End Party Hall
Plot no. 1/A, Star City Mall
District Centre, Mayur Vihar, Delhi-110092
2-M/s Pearl Grand Glaxy
Plot no.- 3, CBD Ground
Delhi 110032 ………………….….………..………………….…………….Respondents
Complainant Advocate-In person
Opponent 1 -None
Opponent 2- Sanjay Kohli, Advocate
Corum- Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant no. 2 booked two banquet halls for ring and marriage ceremony of their daughter with OPs. Ring ceremony was on 28/02/2014 at OP1 site and the same venue was booked on 15/10/2013 whose total estimate was Rs 176902/-. Complainant paid advance booking money sum of Rs 50,000/- The booking receipt was given by OP1.
The second hall was booked by complainant 2 at OP2 for marriage ceremony which was scheduled on 03/03/2014. The booking was done on 06/10/2013. Here estimate was about Rs 92,750/- and complainant 2 paid advance booking amount Rs 12,500/- OP2 gave an estimate pamphlet bearing serial no. 293. This pamphlet has some printed terms and conditions and signed by complainant 2 and OP2.
Due to some unavoidable issues, the said marriage was cancelled and complainant 1 immediately intimated OP1 and 2 in writing about the cancellation of booking of plot by giving reasons on 08/12/2013 separately and the same intimation letters were received by the OPs.
Complainant 1 requested to refund the booking amount paid by Ops, but OPs did not refund the amount. So complaint was filed before this Forum.
After scrutinizing the complaint and annexure filed, notices were served. OP1 did not appear nor filed any written statement or evidence.
OP2 filed their written statement and stated that complainant 1 has not booked the hall plot and have no record with them. OP 2 filed their evidences on affidavit. Complainant did not file any rejoinder and evidence on affidavit and did not put appearance also on dates of regular hearing.
On perusal of complaint, evidences and written statement on record, it is clear from the complaint that OP did not put any terms for refund of booking amount paid by complainant. Also complainant had given intimation in writing with in sufficient time to OP for cancellation of booking due to non solemnization of marriage of their daughter. Cancellation of marriage of a girl is a sensitive issue and it can happen at any time, but in this case, the event was cancelled and complainant had intimated about three months before.
More so, OP did not consider their intimation of cancellation of booking halls nor informed the complainant for refund or refusal to refund. No such evidence was filed before us. This shows OP’s bad intention to keep money and harass the innocent consumers in such unavoidable circumstances.
The complaint is accepted and we pass the following order as under-
OP 1 and 2 are directed to refund the booking amount within 30 days with 9% interest from the date of filing this complaint till realization.
No compensation or litigation charges are awarded.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
(Dr) P N Tiwari -Member Mrs Harpreet Kaur- Member
Shri Sukhdev Singh - President
