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

DATED 09th DAY OF JANUARY 2023

ORDER

SMT. SUMA ANIL KUMAR, MEMBER

1. The  complainant  has filed this complaint under section 35 of C.P.Act, 2019 against the Opposite party  for the reliefs

1. To direct the OP to return the amount of Rs.1,00,000/-  along with interest at 14% from the date of payment i.e.09.02.2021 till date of realization.
2. To direct the OP to pay the cost of this proceeding/expenses of the litigation and grant  such other reliefs.

2.  The brief averments made in the complaint are as under:

The complainant has paid advance amount of Rs.1,00,000/- through cheque bearing no.339225 of IDBI Bank, dt.09.02.2021 as advance towards the booking of marriage hall to conduct the complainant’s daughter’s marriage function in the said hall from 13.05.2021 to 14.05.2021.

The complainant had to perform his daughter’s marriage in his residence with the restricted number of people (40 people) as per the Government order no. RD/158/TNR/2020(7) dt.08.05.2021 issued by the secretariat, Govt. of Karnataka to break the chain of Covid-19.

Further, it is alleged that the complainant asked for the refund of the advance amount from the OP, even after repeated requests to the OP, OP did not refund or reply for the legal notice dt. 08.05.2022, issued by the complainant.   

Mainly on these grounds it is prays to allow the compliant as prayed for.

3. In response to the  notice issued dt.06.08.2022,  OP has not appeared before the commission. Hence,   OP is  placed exparte.

4. The complainant has filed Examination-in-chief affidavit evidence and got marked documents Ex.1 to Ex.7.

5. Heard the arguments of the complainant Perused the documents and evidence.

6. The following points do arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OP?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:-Affirmative

      Point no.2:- Affirmative.

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

REASONS

8. Point Nos.1 and 2:. These two points are interrelated and hence they have  taken up for common discussion.

9. The complainant’s evidence and documents produced by the complainant remains unchallenged. The complainant has booked marriage hall in advance, checking for the availability of the hall for the date mentioned by him i.e. 13th & 14^th of May 2021, but he was forced had to perform his daughter’s marriage at his residence due to the Government order no. RD/158/TNR/2020(7) dt.08.05.2021.

10. Ex.1 is the original copy of the receipt of advance payment of Rs.1,00,000/- towards the booking of the marriage hall from 13.05.2021 to 14.05.2021 issued in the name of complainant by the OP.

11. Ex.2 is the Hand written copy showing the details of bill which mention the rent and other expenses to be paid by the complainant and also the balance to be paid in intervals and says that as per the agreement if cancelled is non-refundable. The said copy  holds the seal and signature of the OP.

12. Ex.3 is the Xerox copy of the road map showing the location of venue of the marriage hall.

13. Ex.4 is the copy of the legal notice issued by the counsel for complainant in the name of OP i.e. manager of AMC convention centre.

14. Ex.5 is the RPAD notice served to the OP dt.06.08.2022.

15. Ex.6 is the Govt. order passed by the Secretariat of Karnataka Govt. no. RD/158/TNR/2020(7) dt.08.05.2021.

16. Ex.7 is the order of the secretariat of government of Karnataka order No.RD158 TNR 2020 dt.07.05.2021 consists of guidelines issued to break the chain of Covid-19.

17. In this case the OP did not appear to contest the claim of the complainant by way of filing the version. Hence, placed is exparte. Under such circumstances, non-appearance and non-filing of version can be drawn an adverse inference that, the OP has submitted the claim of the complainant as reported in  2018(I)CPR 314(NC) in the case of Singla Builders & Promoters Ltd., V/s Amar Kumar Gard, wherein it is held that “Non-filing of written version to the complaint before the Forum amounts to admission of the allegations leveled against them in Consumer complaints”.

18. The main grievance of the complainant is that he wants the refund of the advance amount paid by him. However, for  the just disposal of the complaint reliance on the available documents on record are taken.

19. Considering the documents produced by the complainant, it clearly shows that the complainant has in advance booked the marriage hall and also has paid advance amount of Rs.1,00,000/- to OP on 09.02.2021. Due to Covid-19 pandemic, the Government of Karnataka had to take certain precautionary measures to break the chain of Covid-19 for which the orders were issued by the secretariat order no. No.RD158 TNR 2020 dt.07.05.2021, which gives guidelines on Covid-19 and shall come into effect from 06.00AM on 10.05.2021 to 06.00AM of 24.05.2021.

20. Further the said order was modified  by the secretariat of Government of Karnataka  order no. RD/158/TNR/2020(7) dt.08.05.2021 Clause-13 to be read as follows

“Marriage already scheduled are permitted to be conducted at their respective home in a low key manner involving only house family relatives upto 40 people and strictly adhering to the conditions stipulated below”

V. Those organizing marriages shall submit a duly signed application along with marriage invitation care or any other relevant document to obtain permission for conducting marriage function to the concerned Joint Commissioner of the BBMP Zone in BBMP area or concerned Tahsildhar at the districts.

VI. On the receipt  of the application, Joint commission of the BBMP Zone/Tahsildhar shall issue 40 passes for each of the marriage event.

VII. Only people with passes shall be allowed to attend the Marriage function and pass shall not be transferable.

VIII. People attending the marriage function shall strictly follow Covid appropriate behavior and display their passes to the authorized inspecting officer.

21. On perusal of the documents No.1 to 7, the order copy of Secretariat of Karnataka Govt. no. RD/158/TNR/2020(7) dt. 08.05.2021  the marriage date fixed by the complainant falls under the time period mentioned in the above order i.e. from 06.00AM dt.10.05.2021 to 06.00AM of 24.05.2021. The complainant claims to have performed the marriage of his daughter in his residence in a low key manner inviting relatives and friends only upto 40 people on 13^th & 14^th May 2021.

22. As it was the period of pandemic and the Government order was to be followed by one and all for the safety of the public, the complainant followed the orders of the government issued in the interest of public. The complainant conducted the marriage function of his daughter in his residence. Therefore, the OP  cannot take charges for the services which he has not rendered. The advance amount paid by the complainant was well in advance and was not cancelled or asked for refund by the complainant until the orders of the Government. The complainant  claims for repay only after the Government orders were passed.  Hence, we answer point no.1 & 2 partly in affirmative.  

23. Point no.3:-.  In view of the above discussions referred above, we proceed to  pass the following 

O R D E R

1. The complaint is allowed in part.
2. The OP is directed to refund the amount of Rs. 1,00,000/- with interest at 10% p.a. on the date of complaint till realization.
3. The OP is further directed to pay Rs.10,000/- towards litigation expenses.
4. The OP is further directed to pay entire amount within 60 days from the date of this order, if the OP failed to refund the amount, the amount of  Rs.1,00,000/- will carry interest at 12% p.a. after expiry of 60 days  till realization of the amount.
5. Furnish the copy of this order to both the parties, and return the spare pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 09^th  day of January, 2023)

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

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

*SKA