West Bengal

South 24 Parganas

CC/431/2015

Kalyan Kumar Ghosh. - Complainant(s)

Versus

The Proprietor NEELAM - Opp.Party(s)

27 Feb 2017

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _431  _ OF ___2015__

 

DATE OF FILING : _24.9..2015__                    DATE OF PASSING JUDGEMENT:  27/02/2017

 

Present                         :   President       :  

 

                                        Member(s)    :     Smt. Sharmi Basu  &   Subrata Sarker

                                                                             

COMPLAINANT              :      Kalyan Kumar Ghosh, 41, Tilak Nagar, P.O Regent Park, Ranikuthi, Tollygunge, Kolkata – 40. P.S Jadavpur.

 

-VERSUS  -

 

O.P/O.Ps                            :  The Proprietor, NEELAM, 275, N.S.C Bose Road, Kolkata – 47, P.S. Bansdroni.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member          

This is an application under section 12 of the C.P Act 1986 filed by the complainant on a ground that he reserved one Marriage House (NEELAM), for marriage ceremony of his daughter to be held on 26.`11.2015 and the Proprietor of “Neelam” received an amount of Rs.6000/- in cash as advance on 19.6.2015.

Depositing the cash on 19.6.2015 , the complainant raised one problem regarding disolemnization of marriage of his daughter for some obvious reasons and in that case the O.P agreed to refund the full amount i.e. Rs.6000/- being deposited in advance.

The marriage ceremony would not be held on 2.11.2015 due to some reasons behind such matrimonial alliance and it was confirmed on 22.7.2015. the complainant without wasting any time informed the same to the O.P through speed post on 27.7.2015.

After furnishing the first information on 27.7.2015, the complainant sent one first reminder to the O.P on 4.8.2015 requesting him to refund the advance amount of Rs.6000/- because of desolemnization of marriage. The complainant in the same way gave 2^nd and 3^rd reminders as usual but with no tangible effect.

The O.P sent three letters to the complainant on 1.8.2015, 8.8.2015 and 23.8.2015 asking him to come with booking receipt before 90 days from the date of occasion to get refund after deduction of 20% on the total charges.

                                                Points for decision

1. Whether there is any deficiency in service on the part of the O.ps or not.
2. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            The complainant signed the Declaration Form of “Neelam” on 19.6.2015 that the total amount is Rs.20,000/- less advance Rs.6000/- and due Rs.14000/-. It was also mentioned in para 6 that “In case of cancellation of booking for any reason, we must inform to the office by written before 90 days from the date of occasion and in that case we have to pay 20% of the total charges”. Certainly going through this para the complainant signed the declaration form. The total charges of “Neelam” for one day was Rs.20,000/- and in that case the complainant shall have to pay Rs.4000/- being the 20% of the total charges.

            But the O.P at para -14 of the questionnaire submitted by him has stated that they are still ready to pay back the security deposit after deduction of 20% on the security deposit of Rs.6000/-  which comes to Rs.4,800/- (6000/-   -   20% of 6000/- i.e. 6000 – 1200 = 4800/-) which is good gesture on behalf of the O.P. So, there is no deficiency of service on behalf of the O.P and the complainant is not eligible to get any compensation/litigation cost .

            With the observation, it is

                                                                                    Ordered

That the case is allowed on contest against the O.P without cost.

The O.P is directed to refund Rs.4800/- to the complainant within 30 days from this date, if not interest @8% p.a shall be imposed on the refund amount till its realization.

The O.P shall have to pay Rs.2000/- as litigation cost to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one cop0y be sent to the O.P  through speed post.

 

Member                                               Member                                                                                  

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

           

                             Ordered

That the case is allowed on contest against the O.P without cost.

The O.P is directed to refund Rs.4800/- to the complainant within 30 days from this date, if not interest @8% p.a shall be imposed on the refund amount till its realization.

The O.P shall have to pay Rs.2000/- as litigation cost to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one cop0y be sent to the O.P  through speed post.

 

Member                                               Member