IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 13th Day of November 2019
Present: - Sri.E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, BSc,LL.B, Member
Sri.Stanly Harold, B.A,LLB, Member
CC No.199/19
Aravindakshan Pillai.R : Complainant
S/o Raghavakurup
Souparnika, Udayasree Nagar
House No.30, Kadakampally Lane,
Vadakkevila, Madannada, Kollam.
[By Adv.P.K.Syamaladevi]
V/s
The Secretary, : Opposite party
Sopanam
The Quilon Public Library & Research Centre
Reg.No.76/73
Kollam-691001.
FAIR ORDER
Sri.Stanly Harold, B.A,LLB, Member
This is a case based on a consumer complaint filed u/s 12 of the Consumer Protection Act 1986 against the opposite party praying to refund the amount paid in connection with booking of Auditorium for the marriage of his daughter.
According to the complainant he had booked the Sopanam Auditorium on 27.11.2017 for conducting marriage of his daughter which was fixed to be held on 23.08.2018 and booked Saraswathi hall for marriage reception fixed to be held on 22.08.2018. The complainant had paid an advance of Rs.35400/- on 27.11.17 for the auditorium and Rs.1500/- for the waste disposal. On 19.01.18 the complainant paid Rs.10000/- for Saraswathy hall for the purpose of marriage reception on 22.08.18 and on 20.07.18 paid Rs.3000/- as rent of the dining hall for the
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marriage reception. The complainant altogether paid Rs.49000/- to the opposite party who is the Secretary, Sopanam, The Quilon Public Library & Research Centre for which receipts were also issued by the opposite party. The marriage was originally fixed to be conducted on 23.08.2018 and accordingly the complainant had made the booking of the hall as aforesaid. Unfortunately the state of Kerala was gripped with a severe and unprecedented natural calamity of floods from 15.08.18 onwards. The flood worstly affected area is Aluva where the bride groom is residing. Due to this calamities both families arrived at a conclusion to postpone the marriage to another day. Therefore the complainant had requested in writing to the opposite party on 20.08.2018 informing about the unfortunate situation that the complainant and family were placed due to the unforeseen floods and that the marriage ceremony was adjourned and requested the opposite party to allow the very same halls to be used on another convenient day fixed by the families and the same was agreed by the opposite party and assured to allot the halls on another day. Thereafter the complaint approached the opposite party to make available the convenient dates for fixing the marriage. But to the surprise of the complainant, the opposite party demanded rent afresh stating that rent already paid will not be refunded or readjusted. The complainant had made every efforts to convince the opposite about the natural calamity and the consequences occurred in whole state of Kerala in writing. However there were no lapses or any latches on the part of the complainant. The opposite party is not at all justified in not adjusting the rent already paid by the complainant as rent for a fresh date especially in the situation wherein the complainant is also a victim of the floods. The opposite party refused to accept the request of the complainant without any reasonable cause. The complainant were constrained to conduct the
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marriage in another auditorium, Ushus, Pallimukku for which he had incurred expense of Rs.83,000/- for the Auditorium. It is only because of the unfair trade practice and deficiency in service on the part of the opposite party. Hence the complaint.
Inspite of receipt of notices opposite party never appeared before the Forum nor filed any version and remain set exparte.
Complainant filed affidavit by re-iterating the averments in the complaint and got marked Ext.P1 to Ext.P11 documents. Out of the 11 documents got marked in evidence. Ext.P1 is the Wedding card relating to the marriage of the daughter of the complainant, Ext.P2 is the receipt dated 27.11.2017 issued by opposite party by receiving Rs. 35400/- towards the advance of rent of the auditorium. Ext.P3 is the receipt dated 27.11.17 issued by opposite party by receiving Rs.1500/- towards waste disposal. Ext.P4 is the receipt dated 19.01.2018 issued by opposite party by receiving Rs.10000/- being the rent of Saraswathi hall for reception. Ext.P5 is the receipt dated 20.07.2018 issued by opposite party by receiving Rs. 3000/- being the rent of dining hall. Ext.P6 is the Advocate notice addressed to opposite party dated 27.11.18 issued on behalf of the complainant. Ext.P7 is the Postal receipt dated 27.11.18 evidencing the sending lawyer notice. Ext.P8 is the postal acknowledgement card signed by opposite party evidencing the receipt of lawyer notice. Ext.P9 is the copy of request dated 20.08.18 given to opposite party by the complainant. Ext.P10 is the copy of cash bill dated 12.12.2018 issued by the manager of Ushus Auditorium. Ext.P11 is the receipt dated 15.10.18 issued by the Manager of Ushus auditorium by receiving Rs.10,000/- as booking advance.
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Heard the counsel for the complainant and perused the records.
The unchallenged averments in the affidavit coupled with Ext.P1 to P11 documents would establish the case of the complainant. It is also clear from the available materials that as the opposite party failed to allot required hall and other facilities for conducting marriage of the daughter of the complainant which was postponed due to worst natural calamities in the State. It is clear from the available materials that opposite party refused the request of complainant to refund or readjust the rent amount collected from the complainant in advance while booking the hall. Hence it is clear that there is deficiency in service and unfair trade practice on the side of the opposite party. It is also clear from the facts and circumstances of the case that as the opposite party failed to allot the hall and connected facilities to the postponed date of marriage the complainant has sustained mental agony apart from monitory loss and therefore the complainant is entitled to get the reliefs sought for.
1. In the result the complaint stands allowed. Directing the opposite party to refund the amount of Rs.49900/- being the amount paid for booking the auditorium on 27.11.17 and allied charges.
2. The opposite party is further directed to pay Rs.25000/- being compensation for the mental agony sustained to the complainant.
3. Opposite party is also directed to pay Rs.5000/- being costs of the complainant.
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The opposite party is directed to pay the amount awarded under relief (1) to (3) within 30 days from the date of receipt of a copy of this order failing which the complainant is entitled to realize Rs.74900/- (49900+25000) with interest at the rate of 12% per annum from the date of complaint till realization along with costs Rs.5000/- from the opposite party and the assets of the opposite party under the provisions of Consumer Protection Act.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 13th day of November 2019.
E.M.MuhammedIbrahim:Sd/-
S.SandhyaRani:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1:-Wedding card
Ext.P2:- Receipt dated 27.11.17
Ext.P3:-Receipt dated 27.11.17
Ext.P4:-Receipt dated 19.01.18
Ext.P5:-Receipt dated 20.07.18.
Ext.P6:-Advocate notice
Ext.P7:-Postal receipt
Ext.P8:-Postal acknowledgement card
Ext.P9:-Copy of request dated 20.08.18
Ext.P10:-Copy of cash bill
Ext.P11:-Receipt dated 15.10.18
E.M.MuhammedIbrahim:Sd/-
S.SandhyaRani:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent
