Tamil Nadu

South Chennai

CC/178/2017

D.Senguttavan - Complainant(s)

Versus

Sri Padmavathy Palace, (Amar Jothi Group)) - Opp.Party(s)

Lenin & Bhagya

23 Jan 2020

ORDER

                                                                             Date of filing      : 06.06.2017

                                                                               Date of Disposal : 23.01.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.178/2017

DATED THIS WEDNESDAY THE 23^RD DAY OF JANUARY 2020

                                 

Mr. D. Senguttavan,

S/o. Mr. V.D. Pillai,

No.5, I Floor, Sankara Narayana Flats,

No.10, Angamuthu Street,

Postal Audit Colony,

Saligramam,

Chennai – 600 093.                                                        .. Complainant. 

                                                                                                 ..Versus..

 

1. Sri Padmavathy Palace,

(Amar Jothi Group),

Represented by its Proprietor

Mr. Balram Naidu,

Ponniyamman Nagar,

Adayalampattu,

Chennai – 600 095.

 

2. Mr. Balram Naidu,

Proprietor,

Sri Padmavathy Palace,

(Amar Jothi Group),

No.12, I Street,

Nouroji Road,

Chetpet

Chennai – 600 031.    

 

3. Mr. Manohar,

Manager,

Sri Padmavathy Palace,

(Amar Jothi Group),

Ponniyamman Nagar,

Adayalampattu,

Chennai – 600 095.                                            ..  Opposite parties.

Counsel for the complainant                   : M/s. Lenin & others

Counsel for the opposite parties 1 to 3  : M/s. G. Abraham Prabhu &    

                                                                   others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to refund the sum of Rs.3,62,250/- along with interest at the rate of 24% p.a. on the said amount from 20.10.2016 to till the date of its payment and to pay a sum of Rs.1,00,000/- towards compensation for loss, mental agony and pain with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he booked the opposite party’s marriage hall for conducting his daughter’s marriage which was to be held on 15.02.2017 and 16.02.2017 and approached the opposite parties on 02.10.2016.  The 3^rd opposite party is the Manager of the marriage hall informed the hire charges for conducting marriage includes rental charges, caution deposit, electricity fitting charges, water, chairs, tables and utensils and other facilities for the marriage hall is Rs.3,62,150/-.   The complainant also issued a cheque for Rs.3,62,150/- drawn on Bank of India bearing No.154176 of Kodambakkam Branch dated:02.10.2016.   After receiving the cheque, the 3^rd opposite party gave bill for the same and booked the marriage hall in favour of the complainant.  The complainant submits that due to unforeseen reason, the marriage was cancelled in the 3^rd week of October 2016.   The complainant informed the same to the opposite party personally gave cancellation letter dated:20.10.2016 to the 3^rd opposite party and requested for refund of the amount paid to the opposite parties.   The 3^rd opposite party after receiving the cancellation letter told the complainant that he will inform the 2^nd opposite party to refund the amount at the earliest. 

2.     The complainant submits that he waited for a reasonable time and no response from the opposite parties.  Hence, the complainant contacted the Assistant Manager Mr. Sundararaman several times and he assured that the complainant’s money will be refunded soon.  Thereafter, the complainant also contacted the 3^rd opposite party who also assured that the money will be refunded but refused to furnish the address and phone number of the 2^nd opposite party.   Thereafter, the complainant traced out land line number of the 2^nd opposite party through internet and called the 2^nd opposite party but he was asked to call back at 02.00 p.m.   The complainant again called the 2^nd opposite party over phone but no response.  Thereafter, the complainant issued a legal notice to the opposite parties dated:04.02.2017 and the same was received by the opposite parties 2 & 3 on 06.02.2017 and 07.02.2017 respectively.   The opposite parties issued reply notice dated:11.02.2017 with all untenable allegations and refused to refund the amount paid even after cancelling the booking well advance in time.   The act of the opposite parties 1 to 3 amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite parties 1 to 3 is as follows:

The opposite parties 1 to 3 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 1 to 3 state that admittedly, the complainant booked a marriage hall on 02.10.2016 for his daughter’s marriage expected to be held on 15.02.2017 & 16.02.2017 respectively.  The opposite parties 1 to 3 admitted that the complainant paid the entire amount hire charge Rs.3,62,250/- by way of cheque bearing No.154176 dated:02.10.2016 from Bank of India, Kodambakkam Branch by completely satisfying terms and conditions on booking of marriage hall.   The opposite parties 1 to 3 state that it was intimated to the complainant that the rental charges will never be refunded in the event of cancellation.   The opposite parties 1 to 3 state that they never received any letter or mail from the complainant regarding refund and cancellation of booking.   The opposite parties 1 to 3 state that as per the terms and conditions mutually agreed between the 2^nd opposite party and the complainant, there is no refund on the cancellation of booking as the same was received as Rental charges and not caution / security deposit.  Therefore, there is no deficiency in service on the part of the opposite parties 1 to 3 and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Proof affidavit of the opposite parties 1 to 3 was not filed for a long time to prove the contentions raised in the written version and hence, proof affidavit of the opposite parties 1 to 3 was closed on 11.03.2019.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get return of Rs.3,62,250/- paid to the opposite parties towards booking the marriage hall along with interest at the rate of 24% p.a. from 20.10.2016 till the date of payment as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- as compensation towards mental agony and pain for the past several months with cost as prayed for?

6.      On point:-

The complainant filed his written argument.   Heard the complainant’s Counsel also.   The opposite parties 1 to 3 after filing written version did not come forward to file their proof affidavit to prove their contention in the written version.   Therefore, the proof affidavit of the opposite parties 1 to 3 is closed.  Perused the records namely; the complaint, written version, proof affidavits and documents.   The complainant pleaded and contended that he booked the opposite party’s marriage hall for conducting his daughter’s marriage which was to be held on 15.02.2017 & 16.02.2017 after approached the opposite parties on 02.10.2016; the 3^rd opposite party who was the Manager of the marriage hall told that the hire charges for conducting marriage includes rental charges, caution deposit, electricity fitting charges, water, chairs, tables and utensils and other facilities about Rs.3,62,150/- altogether. The complainant also issued a cheque for Rs.3,62,150/- drawn on Bank of India bearing No.154176 dated:02.10.2016 as per Ex.A1.   After receiving the cheque, the 3^rd opposite party gave due bill for the same and booked marriage hall in favour of the complainant as per Ex.A2.  Further the contention of the complainant is that due to unforeseen reason, the marriage was cancelled in the 3^rd week of October 2016.   The complainant informed the same to the opposite party personally and gave a cancellation letter dated:20.10.2016 to the 3^rd opposite party as per Ex.A4 and requested for refund of the amount paid to the opposite parties.  The 3^rd opposite party after receiving the cancellation letter told the complainant that he will inform the 2^nd opposite party to refund the amount at the earliest.  

7.     Further the contention of the complainant is that he waited for a reasonable time and no response from the opposite parties contacted Assistant Manager Mr. Sundararaman several times who assured the complainant money will be refunded soon.   Thereafter, the complainant also contacted the 3^rd opposite party who also assured that the money will be refunded but refused to furnish the address and phone number of the 2^nd opposite party.   Thereafter, the complainant through internet traced out land line number of the 2^nd opposite party and called the 2^nd opposite party who asked me to call back at 02.00 p.m.  The complainant further pleaded and contended that again he called the 2^nd opposite party over phone but no response.   Thereafter, the complainant issued a legal notice to the opposite parties dated:04.02.2017 and the same was received by the opposite parties 2 & 3 on 06.02.2017 and 07.02.2017 as per Ex.A5 & Ex.A6.   The opposite parties issued reply notice dated:11.02.2017 as per Ex.A7 with all untenable allegation and refused to refund the amount paid even after cancelling the booking well in advance amounts to deficiency in service and unfair trade practice committed by the opposite parties.  Therefore, the complainant is constrained to file this case.

8.     The Counsel for the opposite parties 1 to 3 would contend that admittedly, the complainant booked a marriage hall on 02.10.2016 for his daughter’s marriage expected to be held on 15.02.2017 & 16.02.2017 respectively.   Further, the opposite parties admitted that the complainant paid the entire amount of hire charges of the marriage hall Rs.3,62,250/- by way of cheque bearing No.154176 dated:02.10.2016 drawn on Bank of India, Kodambakkam Branch by completely satisfying terms and conditions on booking of marriage hall.   But neither the opposite parties filed their proof affidavit nor any document of evidence produced before this Forum.    Further the opposite parties contended that it was intimated to the complainant that the rental charges will never be refunded in the event of cancellation.  But no evidence produced.  Further the opposite parties contended that they never received any letter from the complainant regarding cancellation of booking.  But it is not acceptable because, the complainant personally handed over the cancellation letter to the 3^rd opposite party on 20.10.2016 as per Ex.A4 that too in advance.   Therefore, the contention of the opposite parties in the written version is not acceptable either on facts or law without adducing any evidence.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 committed deficiency in service and unfair trade practice to the complainant.   Hence, this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to return Rs.3,62,250/- along with interest at the rate of 9% p.a. from 20.10.2016 till the date of this order and shall pay a compensation of Rs.25,000/- for mental agony and deficiency in service with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to return Rs.3,62,250/- (Rupees Three lakhs sixty two thousand two hundred and fifty only) along with interest at the rate of 9% p.a. from 20.10.2016 to till the date of this order (i.e.) 23.01.2020 and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 23^rd day of January 2020. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	02.10.2016	Copy of cheque bearing No.154176 in favour of Sri Padmavathi Palace
Ex.A2	02.10.2016	Copy of receipt No.319 issued by the opposite parties
Ex.A3		Copy of terms and conditions issued by the opposite parties
Ex.A4	20.10.2016	Copy of letter of the complainant to the opposite party
Ex.A5	04.02.2017	Copy of notice issued by the complainant’s Counsel to the opposite party
Ex.A6	06.02.2017 & 07.02.2017	Copy of acknowledgement cards
Ex.A7	11.02.2017	Copy of reply notice of the opposite parties’ Counsel to the complainant
Ex.A8	20.01.2017	Copy of email complaint of the complainant to the Hon’ble Minister
Ex.A9		Copy of itemised calls of the complainant’s mobile for the period from 01.09.2016 to 30.09.2016

 

OPPOSITE PARTIES’ 1 TO 3 SIDE DOCUMENTS:-  Proof Affidavit –   

                                                                                ‘Closed’.

 

 

 

MEMBER                                                                                                                                                                           PRESIDENT