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

DATED 17^th DAY OF FEBRUARY 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. This complaint has been filed to direct the OP to pay Rs.1,85,000/- with interest at 18% p.a.

2. The case set up by the complainant in brief is as under:-

The complainant by paying Rs.1,85,000/- to the OP booked a hall. But, due to Covid-19, the marriage of the daughter of the complainant could not be performed.  Accordingly, the cancellation agreement is executed.  Even though, OP issued two cheques for Rs.50,000/- each towards refund of amount.  But, one of the cheque came to be dishonoured.  Despite legal notice, the OP failed to refund balance amount of Rs.1,35,000/-.  This act of the OP amounts to deficiency of service.  Therefore, OP is liable to pay compensation of Rs.50,000/-.

3. Despite service of legal notice, the OP failed to appear before this Commission.  The OP has been placed exparte.

4. The complainant has filed his affidavit evidence and relies on four documents.  Heard the arguments of advocate for complainant.  Perused the records.

5. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

6. Our answers to the above points are as under:

       Point No.1:  In the affirmative

      Point No.2: Affirmative in part

      Point No.3: As per final orders

REASONS

7. Point Nos.1 and 2: The complainant in support of his case, files affidavit evidence and relies on four documents.  It has been proved from the averments made in the complaint, receipt and documentary evidence of the complainant that the complainant booked a hall of the OP on 06.02.2020 to perform the marriage of his daughters to be held on 30.05.2020 and 31.05.2020.  According to the complainant, he could not perform the marriage due to Covid-19.  The complainant gave a letter to the OP, the marriage proposal was cancelled.  Accordingly, by issuing legal notice dated 01.04.2021, the complainant called upon the OP to refund Rs.1,35,000/-.  The complainant clearly admitted that out of Rs.1,85,000/-, OP had issued two cheques for Rs.50,000/- each towards refund and one of the cheque came to be dis-honoured.  Even though, the OP received notice, but failed to contest the mater.  On 25.01.2022 the complainant has filed a memo with three documents.  Document No.1 is cheque for Rs.50,000/- issued by the OP.  The complainant lodged a police complaint about the loss of cheque bearing No.150286.  The complainant pleads that the OP is liable to refund Rs.1,35,000/-.  The complainant has also claim Rs.50,000/- as damages.  Out of payment of Rs.1,85,000/-, the complainant has received amount of Rs.50,000/- only.  Therefore, the OP is liable to refund balance amount of Rs.1,35,000/-, but OP failed to refund this amount.
8. The complainant claims interest at 18% p.a. without spelling out from which date he is claiming interest.  The failure of the part of the OP in refund of Rs.1,35,000/-, amounts to deficiency of service.  Therefore, OP is liable to refund Rs.1,35,000/-.  The claim of the compensation of Rs.50,000/- is exorbitant.  Under such circumstances, it is proper to award compensation of Rs.10,000/-.  It is also necessary to award interest at 8% on Rs.1,35,000/- from the date of filing the complaint till realization.  The complainant has availed the service of advocate.  Therefore, cost of litigation is quantified at Rs.2,000/-, as no court fee, as complainant is exempted payment of court fee. 
9. Point No.3:- In view of the discussion referred above, the complaint requires to be allowed in the part.  The OP is liable to refund Rs.1,35,000/- with compensation of Rs.10,000/- and interest at 8% p.a. from the date of complaint till the date of realization on Rs.1,35,000/-.   We proceed to pass the following 

  O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund of Rs.1,35,000/- with interest at 8% p.a. from the date of filing the complaint till realization, compensation of Rs.10,000/- and litigation cost of Rs.2,000/- to the complainant.
3. OP shall comply this order within 60 days from this date.  
4. Furnish the copy of this order and return the documents to the complainant with extra pleadings.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 17^th day of February, 2022)

Documents produced by the Complainant which are as follows:-