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

DATED 26^th DAY OF FEBRUARY 2024

ORDER

SMT. K. ANITA SHIVAKUMAR, MEMBER

Complaint filed by the complainant U/S 35 of Consumer Protection Act 2019, seeking direction to OPs to refund Rs.75,000/- with interest at the rate of 16% p.a., to pay Rs.50,000/- towards compensation for mental agony, humiliation, hardship, loss and Rs.10,000/- towards cost of litigation.

2. Brief facts of this case are as follows:-

OP is running a business, having conventional hall under the name of Sri Venkatadri Conventional Hall, situated at No.76, Kanakapura Road, Bangalore South. Rent of the conventional hall is Rs.1,50,000/- for 24 hours. At the time of booking the said conventional hall, OP represented that 50% of total amount must be deposited at the initial stage, in case of any cancellation of booking the same should be informed at the earliest for refund, then only OP will refund the advance amount fully. Complainant further stated that she approached OP to book the above said marriage hall for wedding of her sister on 12.06.2023 for 1 day i.e. from       3 pm on 11.06.2023 to 3 pm. on 12.06.2023. For that complainant paid Rs.75,000/- on 15.04.2023. At the time of booking advance amount, OP did not issue the receipt but asked complainant to come 3 days after to collect the same. Complainant further informed OP about the further payment of Rs.75,000/- will be paid in the first week of June 2023. She also stated before OP that in case of any cancellation the same will be intimated at the earliest for refund. After the acceptance of terms, complainant paid Rs.75,000/- towards 50% of total amount.

3. Complainant further stated that due to the some unavoidable circumstances the proposed marriage of complainant’s sister cancelled, the same has been intimated to OP on 18.04.2023 i.e. within 3 days of booking, information about the cancellation of marriage is intimated to OP. The OP instead of refunding the money paid by complainant, instead they issued bill dated 19.04.2023 stating that no refund is possible as per the policy of the conventional hall. That too the said bill has sent through whatsapp of complainant’s husband mobile number. Complainant approached OP multiple times for refund, OP neglected to refund the amount. OP represented that the refund will be made at the earliest in case of cancellation is intimated at the earlier stage. Even though the cancellation is informed to OP within 3 days of booking, OP did not come forward to refund the amount paid by the complainant, on the reason that no refund of advance amount is possible, whatsoever may the reason as per policy of the conventional hall. When the OP has refused to refund the booking amount, complainant caused legal notice on 19.07.2023 calling upon OP to refund the paid amount of Rs.75,000/- with interest and with the litigation cost, but the legal notice did not serve on OP, returned as door locked. Hence the complainant approached this commission for his grievance and sought relief as supra.

4. Notice sent to OP through RPAD, even after the service of notice, OP did not appear before this commission. Hence OP placed Ex-parte.

5. At this stage, complainant lead evidences by filing affidavit evidence. In support of affidavit evidences, she filed 7 documents including certificate U/S 65B of Indian Evidence Act, which are marked as Ex.P.1 to Ex.P.7. Complainant counsel filed written arguments and also submitted oral arguments on the date of arguments. Heard counsel for complainant and perused the materials on record.

6. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

3. What order?

7.  Our answers to the above points are as follows:-

Point No.1:- Affirmative.

Point No.2:- Partly Affirmative.

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

                      REASONS

8. Point No.1&2:- These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

9. Upon perusal of the pleadings of the complainant, he paid Rs.75,000/- towards 50% of total amount of conventional hall booking for a day/24 hours. Complainant booked the said conventional hall for the wedding of her sister which is scheduled on 12.06.2023. In view of the same, complainant booked by paying Rs.75,000-/ on 15.04.2023 as an advance amount. Complainant stated in her complaint that OP has represented that the receipt of advance amount taken by him will be issued after 3 days and also sated about in case of any cancellation of the event, the amount will be refunded at the earliest. Due to some un-avoidable circumstances the proposed marriage of the complainant’s sister could not take place and the complainant informed about the cancellation of the marriage on 18.04.2023 i.e. within 3 days of the booking. After the cancellation of booking, complainant has informed and asked about refund of money which he paid towards advance amount on 18.04.2023 itself. Complainant alleged that the OP after receiving the information about the cancellation of marriage and convention hall booking, has issued bill dated 19.04.2023 which is supposed to be issued at the time of booking, is at Ex.P.1. In our considered view, instead of cancelling the booking of conventional hall and refund the amount to the complainant, OP issued bill for which the marriage got already cancelled. Since the event of marriage will not be conducted on the scheduled date, complainant within no time informed to OP, has issued bill instead of refunding the money. It shows the malafide intention without rendering any services and incurred any amount of money towards cleaning, security, electricity, generator.etc. OP retained Rs.75,000/- is unjust and unfair.

Even after several requests OP did not refund the amount to the complainant, she caused legal notice, which is at Ex.P.3 is served on OP on 27.07.2023 as per the postal track report, is at Ex.P.6. Though the notice has received by OP, neither replied to legal notice nor refunded the amount to the complainant, shows the deficiency of service on the part of OP. Without incurring money on any services relating to the marriage event by OP, retained entire amount is not acceptable. The Ex.P.1, in the receipt OP mentioned that “the advance amount paid is not refundable”. Here we can observe that the receipt issued without the signature of the customer who is complainant in this case cannot be reliable documents and it is considered a unilateral decision and after thought inposed condition in the receipt without bringing the condition to the complainant’s notice, hence it is not acceptable one. Therefore OP is liable to pay compensation.

10. It is pertinent to note that the complainant has booked the conventional hall on 15.04.2023, cancelled it immediately within 3 days on 18.04.2023, the same has been intimated to OP on 18.04.2023 but OP issued receipt of 19.04.2023, shows his intention of keeping the money without any reason. In our considered view, OP has all chances of rent the convention hall on 12.06.2023 because complainant informed well before and immediately after the booking, definitely OP did not face any financial loss. With no other reason to retain money with him, OP supposed to refund. But, OP not even bothered to refund it even after the legal notice received by him. If at all he is genuine in his intention, he could have appeared before this commission to sort out the matter but he did not do so. Even OP did not appear, not filed version and evidences before this commission to defend his case, hence the evidences placed by the complainant are unchallenged and complainant is entitled to get compensation along with refund. On the above reasons we answer Point No.1 and 2 accordingly.

11. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-

                                   ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed.
2.  OP shall refund Rs.75,000/- with interest at the rate of 10% p.a. from 18.04.2023 till realization.
3. OP further directed to pay Rs.8,000/- towards compensation and Rs.5,000/- towards litigation charges within 30 days from the date of order, failing which OP shall pay interest at the rate of 10% p.a. on the Award amount till realization.
4. Furnish the copies of the order and return the extra copies of pleadings and documents to the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 26^th day of JANUARY, 2024)

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

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

NIL