Dated : 10 Jan 2023

This is a complaint u/s 35 of the CP Act, 2019, made by Chandra Prakash Kakarania alleging deficiency in service on the part of the OP No.1 to 5 and accordingly prays for a direction to refund the booking amount of Rs.1,50,000/-, to pay Rs.23,530/- being 12% interest on the said amount from 05.01.2021, to pay compensation of Rs.20,000/- and litigation cost of Rs.30,000/-.

FACTS IN BRIEF

            The Complainant, for the reception of marriage ceremony of his younger son, which was to be held on 20.05.2021, booked a banquet hall “West Side Pavilion” situated at the premises of  “Jheel Meel”, Salt Lake, Bidhannagar, Kolkata – 700106, wherein the said banquet hall that is OP No.1, are run by the Directors’ who are OP No.2 to 5 in the instant case.

            For this wedding ceremony, the Complainant paid Rs.1,50,000/- on 05.01.2021, which was duly acknowledged by OP No.1 through an email confirmation dated 07.01.2021, sent by the Banquet Manager of OP No.1.

            Thereafter, due to the second wave of Covid – 19 pandemic situation restrictions were imposed by the Government of India as well as the Government of West Bengal, for holding social gathering including marriage ceremony, the Complainant had no other option, but to cancel the event. 

Accordingly, the Complainant informed the banquet manager, namely, M/s Shailaja Pandey, through email dated 16.04.2021, stating reasons for the cancellation about the alarming covid -19 situation to which OP No.1 informed the Complainant through email dated 25.04.2021, stating that the said booking is cancelled as per the request of the Complainant and also mentioning that the booking amount is non-refundable & non-adjustable in the event of cancellation due to any unforeseen circumstances including the pandemic as per their booking policy as alleged in the complaint petition. The Complainant was shocked to receive such an email from OP No.1, cancelling the booking, wherein the Complainant had only requested for the postponement of the booking and for which he would not get the refund of Rs.1,50,000/- from OP No.1. It is also mentioned in the complaint petition, that the Complainant was not aware of such booking policy before paying the advance amount through OP No.1, nor he has signed or given consent to any agreement.

Thereafter, the Complainant contacted OP No.2, Amandeep Singh Agand, Director for the refund of the said amount to which OP No.2 assured the Complainant to do the needful for the refund of the said amount. After repeated reminders by the Complainant, the OPs neglected to refund the said amount for which the Complainant issued a legal notice to OP No.1 to 5 on 30.11.2021.

Thus, finding no other alternative, Complainant filed this instant case due to suffering of serious mental agony and harassment.

Notices were served upon the OPs. But the OPs did not contest this case by filing written version and so the case was heard ex parte against OP Nos.1 to 5 vide Order dated 14.07.2022. Complainant adduced evidence and finally the matter was fixed for Argument.

Complainant had also filed Brief Notes of Argument.

POINTS FOR DETERMINATION

1. Whether the Complainant is a ‘Consumer’ under the purview of CP Act, 2019?
2. Whether there was any deficiency in service on the part of the OPs as alleged?
3. Whether the Complainant is entitled to the relief(s) as prayed for?

DECISION WITH REASONS

We have carefully perused all the documents annexed therein with the record.

Point No. (i) :-

On perusal of the bank statement, it is noticed that the Complainant had paid Rs.1,50,000/- on 05.01.2021 to Symbol Merchants Private Limited. On further perusal, it is noticed that the OPs had confirmed the booking for the banquet hall.

So, there is no dispute that the Complainant is a ‘Consumer’.

Point No. (ii) & (iii) :-

Complainant booked the venue of the OPs for holding marriage ceremony of his younger son on 20.05.2021 on payment of Rs.1,50,000/-, but the said booking was cancelled due to the on going Covid – 19 pandemic situation from March, 2020, which had shook the whole world. We all know, the whole world due to the alarming pandemic situation, was under lock down as per various circulars / notifications issued by the State Government and Government of India from time to time up to end of year 2021.

On further scrutiny of the documents with the record, we also found one agreement was sent by the OPs through email to the Complainant where it is mentioned that “Any payment as an advance for any event or function is non-refundable or non-adjustable due to its cancellation / amendment.West Side Pavilion will not be responsible in case any event / function is forced to be cancelled due to force majeure including a pandemic situation.” But the same agreement is unsigned. Be that as it may, now the main contention is whether the denial of refunding the booking amount by the OPs was justified or not.  

We have carefully seen the whatsapp communicationswhich was filed on affidavit by the Complainant. From the same, it is noticed that the Complainant had pursued with the OPs for refund of Rs.1,50,000/- and after several reminders, OP No.2 Amandeep Singh, who is the Director of OP No.1, assured the Complainant on 21.07.2021 through whatsapp at 11:22 a.m., that the same would be done soon as he had already spoken to his partners.

Moreover, the banquet hall was booked for marriage function to be held in May, 2021 and at the time of booking in January, 2021 for the said hall, no one knew that the entire country would be suffering from alarming Covid – 19 pandemic situation for which the entire country would come under lock down with restricted movement for the citizens.

Therefore, we find that this is very much unfair practice by the OPs denying the legitimate claim of the Complainant. When the Complainant actually had no fault for cancellation of the booking. The OPs have not challenged also by mentioning anywhere that there was a peak season for holding several events and due to such cancellations, they incurred a loss. Neither any documents have been produced before us that the banquet hall would incur a huge loss for cancellations, especially when the Government restrictions were going on for restricted movements of the citizens and holding parties / events.

As such the OPs cannot hold the money of the Complainant even after assurances were given to the Complainant for refund of Rs.1,50,000/-.

In this matter, we relied upon the judgment of Pravasi Legal Cell & Ors. Vs. Union of India & Ors in Diary No.10966 of 2020 WP (c) No.570, 545 & 952 of 2020

In the said case, the dispute was related for not refunding the money by the airlines for the tickets purchased by the passengers during Covid – 19 pandemic situation from 25.03.2020 citing force majeure clauses as per the refund policies of the airlines. But the flight operations were cancelled as per the circular of Government of India for the awake of the Covid – 19 pandemic situation. There Hon’ble Apex Court was pleased to hold.

      “If a passenger has booked a ticket during the lock down period (from 25^th March, 2022 to 24^th May, 2020), for travel during lock           down period and the airline has received payment for booking of air ticket for travel during the same period, for both domestic and         international air travel and the refund is sought by the passenger against that booking being cancelled, the airline shall refund the           full amount collected without any cancellation charges. The refund shall be made within a period of three weeks from the date of               cancellation.”

   Therefore, considering the facts and circumstances as stated above and following the observations of the Hon’ble Apex Court in the decision cited above, we opined that the Complainant should get an award in his favour in this case.

So, Complainant is entitled to refund of Rs.1,50,000/- which he paid at the time of booking along with interest @7% p.a. and also cost of litigation of Rs.5,000/-.

Since interest is allowed, no separate order of compensation is being passed.

All the points are disposed of accordingly.

Hence it is

                                                                                           ORDERED

That the instant case be and the same is allowed ex parte against the OPs.

OPs are directed to pay Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) along with interest @7% p.a. from 16.04.2021 (i.e. the date of cancellation of the booking) until realization in full and also Rs.5,000/- (Rupees Five Thousand Only) for cost of litigation, to the Complainant.

OPs who are jointly and severally liable to pay, the aforesaid awarded amount to the Complainant within 45 days from the date of this Order.

        If the Order is not complied with by the OPs within the stipulated period, the Complainant shall be at liberty to proceed in                        accordance with law.

         Dictated and corrected by me

                     Member