Date of Filing: 13.06.2008<br /> Date of Order:04.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 4TH DAY OF AUGUST 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1314 OF 2008<br /> Kempaiah <br /> S/o. Late Kalarasaiah<br /> R/o No. 40 (4148E)<br /> 3rd Main, ‘B’ Block, II Stage<br /> Rajajinagar, Bangalore Complainant<br /> <br /> V/S<br /> V. S. Chandrashekar<br /> Manager, Nagadevaki Palace<br /> No. 22/25, 1st Main Road<br /> West of Chord Road,<br /> Rajajinagar, Bangalore Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act 1986.<br /> The facts of the case are that the complainant is Civil Engineer by profession. He had approached opposite party for booking wedding hall called Nagadevaki Palace on 05.03.2008. Opposite party agreed to let out the wedding hall on 14th and 15th May 2008. The charges of the wedding hall was Rs. 1,20,000/-. The complainant has paid Rs. 80,000/- to the opposite party on 08.03.2008. The engagement of daughter of the complainant took place on 10.04.2008. After engagement it is learnt that the boy Deepak is a drug addict and the boy declared that he would not give up his bad habit. The parents of the Deepak immediately cancelled the marriage. Complainant approached the opposite party for refund of the amount on 20.04.2008, 25 days prior to the date of proposed marriage. Complainant has given a letter of cancellation and requested for refund of the amount. Opposite party endorsed on the letter dated 01.05.2008 for having accepted the letter. Complainant approached the opposite party for refund of the amount. Opposite party gave a false assurance that amount will be refunded within two days. The opposite party went on postponing the refund of amount. Therefore, the complainant was forced to file a complaint. The complainant requested that the opposite party may be directed to refund Rs. 80,000/- which had been paid by the complainant along with interest. <br /> 2. Notice was issued to opposite party through RPAD. Notice returned with endorsement ‘not claimed’. The opposite party was called. He was absent on the date of hearing. The notice returned as ‘not claimed’ is held sufficient service. <br /> 3. Heard arguments of advocate for the complainant. Perused the documents produced by the complainant. <br /> REASONS<br /> <br /> 4. The complainant produced two receipts of Rs. 40,000/- each. The complainant has paid in all Rs. 80,000/- to the opposite party for booking the Nagadevaki Wedding Hall. Rs. 40,000/- was paid booking the wedding hall for 14.05.2008 and another Rs. 40,000/- was paid for booking a marriage hall for 15.05.2008. This Rs. 80,000/- was towards advance rent for booking the marriage hall. The complainant has stated in the complaint that due to unavoidable circumstances the marriage fixed of his daughter with one Deepak got cancelled. After cancellation of the marriage he requested the opposite party to refund the advance booking amount. He had given letter on 01.05.2008 requesting for refund of the amount. The said letter is also produced. The complainant requested the opposite party several times to refund the advance amount. The opposite party postponed to refund for one or the other reasons. Therefore, the complainant was forced to file the complaint. Since advance booking amount was paid for the hall, 15 days earlier to the booking date the complainant intimated cancellation of booking and requested for the refund of the amount well in advance. Therefore, it is the duty and obligation of the opposite party to refund the amount. The opposite party cannot refuse to refund of the amount paid by the complainant. There is no law or rules that advance booking amount shall be forfeited on the cancellation of the booking. The opposite party has not appeared before this forum. It appears that he has no defence to make. That is why he remained absent. Therefore, by accepting the case of the complainant the complaint deserves to be allowed. It is just, fair, proper and reasonable to direct the opposite party to refund advance amount of Rs. 80,000/- with interest to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to refund Rs. 80,000/- to the complainant with 12% interest p.a. on the above amount from 08.03.2008 (date of payment) till realisation. The complainant is also entitled for Rs. 2,000/- towards costs of the proceedings.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 4TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br />