BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 20th DAY OF JANUARY 2023

ORDER

SMT. SUMA ANIL KUMAR, MEMBER

1. The  complainants  have filed this complaint under section 35 of C.P.Act, 2019 against the Opposite party  for the reliefs

1. To direct the OP to pay a sum of Rs.1,12,100/- to the complainants together with interest at the rate of 18% p.a. form the date of receipt of amount on 06.01.2022 and  to pass   such other reliefs.

2.  The brief facts of the case of the  complaints are as under:

The complainants submit that in order to celebrate the marriage of the 1^st complainant Shalini.V., the complainants booked the choultary /marriage hall belonging to OP. The complainants booked the choultary by paying a total sum of Rs.1,12,000/- on 05.01.2022, for the marriage to be held on 19^th & 20^th May 2022 i.e. 04 months in advance by cheque no.000004, HDFC Bank, Bengaluru. Subsequently to the encash of the said amount a receipt was issued by the OP dt.05.01.2022. The complainants were making all arrangements for marriage of the 1^st complainant Smt.Shalini.V. with J.Janardhan on 19^th & 20^th May 2022.

The complainants further submits that the grand mother of Sri Janardhan suddenly had health issues and due to which the complainants had to prepone the marriage to 15.04.2022 and also changed the venue of thte marriage to Mysore. The complainants then booked a choultry named Sri Venkatachala Dhama at 372, Chamaraja Double road, Rama swamy circle, Mysuru.

Further they approached the OP and explained the situation and requested for cancellation of choulary,  scheduled on 19^th & 20^th May 2022. The OP directed the complainants to issue letter and the complainants accordingly submited letter dt.12.04.2022 i.e. a month early requesting for cancellation.

The complainants submit that OP, subsequent to letter dt.12.04.2022 assured to refund amount of Rs.1,12,100/- to the complainants at the later date. As the complainants were busy in marriage function, they approached for refund after the completion of marriage. In spite of diligent efforts of the complainants, the OP went on postponing the date for refund and then later started giving evasive replies, but did not refund the amount. Having no other alternative, the complainants are constrained to file the complaint against the OP and issued legal notice to OP to rectify their mistake and refund their amount of Rs.1,12,100/- together with interest at the rate of 18% p.a. from the date of receipt of the amount on 06.01.2022 and to pass such other reliefs as this Hon’ble Commission deems fit.

The cause of action of the complaint arose on 05.0.2022 when they booked the choultary of the OP to perform marriage function. Complainants first made representation for cancellation on 12.04.2022 of the booking, on 15.04.2022 when the marriage was conducted and on all subsequent dates well within the territorial & pecuniary jurisdiction of this Hon’ble Commission.

3. In response to the  notice issued OP, Sunitha.K.M., Manager of OP did appeared before this commission and filed Authorization letter along with letter of Joint secretary of OP. Notice duly served on 03.09.2022 and documents along with petition was received by the OP on 16.09.2022. Since the service of notice, 45 days are over. As per several judgments of Hon’ble Supreme Court, after expiry of 45 days District Commission has no power to take the version on record. Hence, version of OP is taken as nil.  

4. To substantiate the case, the complainants have filed their affidavit evidence and produced documents, which are marked as Ex. P1 to P5.

5. Heard the arguments of OP counsel and OP filed written arguments.  

6.    The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:-Affirmative

      Point no.2:- Affirmative in part.

      Point No.3:-As per the final order.

REASONS

8. Point Nos.1 and 2:. These two points are interrelated and hence they have  taken up for common discussion.

9. The complainants have booked marriage hall/choultary for conducting marriage function for the dt.19^th & 20^th May 2022, but  due to circumstantial reasons had to prepone the marriage date and place, for which they requested for refund of the amount of Rs.1,12,100/- paid 04 months in advance by submitting a letter for request of cancellation of  booking well one month in advance to the OP.

10. The complainants produced Ex.P1 is a copy of the receipt as amount of Rs.1,12,100/- paid  issued by OP in the name of the complainants dt.05.01.2022. Ex.P2 is copy of the tax invoice for the amount of Rs.1,12,100/- dt.07.01.2022. Ex.P3 is a copy of receipt of Rs.10,000/- dt.10.04.2022 paid for booking of the marriage hall issued by Sri Venkatachaladhama, Mysuru for the marriage to be held on 15.04.2022 in the name of complainant no.2. Ex.P4 is a copy of another receipt of for Rs.25,600/- dt.15.04.2022 issued by Sri Venkatachaladhama, Mysuru for the booking the marriage to be held on 15.04.2022. Ex.P5 is a Hand written letter of the complainant no.1 written to the Secretary of OP requesting for cancelation of the hall booking as they have preponed the marriage to 14^th & 15^th April 2022 in Mysuru.

11. The OP submits version after expiry of 45 days, therefore version of OP is taken as nil.   The OP has filed written submission on 30.12.2022, in which mentioned that he has paid Rs.17,100/- towards CGST &SGST and the remaining amount of Rs.95,000/- that has been used for the development of the Hindu Sadara Kshemabhiruddi Sangha.

12. The non-filing of version amount to an admission of the claim of the complainants in the light of the decision reported in 2018(I)CPR 314(NC) in the case of Singla Builders & Promoters Ltd., V/s Amar Kumar Gard, wherein it is held that “Non-filing of written version to the complaint before the Forum amounts to admission of the allegations leveled against them in Consumer complaints”.

13. However, for the just disposal of the complaint reliance on the available documents on record are taken.

14. The relief sought for by the complainants are to repay the amount which they had paid sum of Rs.95,000/-+ GST Rs.17,100/- total Rs.1,12,100/- for booking of the choultary/marriage hall. The complainants have made the  cancellation 01 month in advance to the  date the booking of the marriage hall. The OP agreed to repay on submission of a request letter, but later gave evasive reply and failed to refund the amount. As such there is deficiency of service on the part of the OP. Hence, we answer point no.1 in affirmative and  Point no.2 partly in affirmative.  

15. Point no.3:-.  In view of the above discussions referred above, we proceed to  pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund the amount of Rs. 95,000/- with interest at 8% p.a. on the date of complaint till realization.
3. The OP is further directed to pay Rs.5,000/- towards litigation expenses.
4. The OP is further directed to pay entire amount within 60 days from the date of this order, if the OP failed to refund the amount, the amount of  Rs.95,000/- will carry interest at 10% p.a. after expiry of 60 days  till realization of the amount.

5. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^th  day of January, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 :  Nil

*SKA