CONSUMER DISPUTES REDRESSAL FORUM

Palakkad, Kerala

Dated this the 26^th day of December 2013

PRESENT : SMT. SEENA. H, PRESIDENT Date of filing : 31/8/2013

CC / 149 / 2013

P.N. Rajendran,

Silver Lines, 9^th Mail,

Ezhakkad Post, Mundur,

Palakkad – 678 600 : Complainant

Vs

The Secretary,

Palakkad Nagarasabha,

Palakkad – 1. : Opposite party

O R D E R

BY SMT. SEENA. H, PRESIDENT

Complaint in brief:-

Complainant is an office bearer of a voluntary consumer organization named Kerala Consumer Protection Centre. For organizing a meeting of the above centre complainant booked a hall maintained by the opposite party on 24/11/2012 by paying an amount of Rs. 2,641/- vide receipt No. 51731. On account of some technical reasons meeting could not be organized. Hence the same was cancelled and intimated to opposite party 16 days prior to the date of meeting. Opposite party received the letter and assured to return 50% of the deposited amount. Even though demanded opposite party has not so far returned the amount. Inordinate delay of 11 months for non returning the amount amounts to clear deficiency in service. Hence the complaint.

Opposite party set exparte.

The evidence adduced by the complainant consists of the chief affidavit and Ext. A1 to Ext. A4 documents.

Issues for consideration :-

1. Whether there is any deficiency in service on the part of opposite party?

2. If so, what is the relief and cost entitled to the complainant ?

Issues 1 & 2

The booking and cancellation of Town Hall Anex is born out by Ext. A1. Ext. A2 notice shows that the complainant has demanded return of eligible amount on the deposited amount. As per the information provided in Ext. A4 which is the information given as per the Right to Information Act, it is understood that on cancellation of the hall 50% of the amount deposited will be returned with the consent of the counsel. It is also stated that intimation will be served on the party. As per records complainant has cancelled the booking on 8/11/2012. So far amount has not been refunded. The inordinate delay in non returning the amount amounts to clear deficiency in service. More over opposite party remained exparte. There is no evidence contrary to the one adduced by the complainant.

In view of the above discussions, we allow the complaint. Opposite party is directed to return Rs. 2,681/- along with Rs. 2,000/- as compensation for deficiency in service and Rs. 500/- as cost of the proceedings.

The order to be complied within one month from the date of receipt of order, failing which the complainant is entitled to execute the order as per law.

Pronounced in the open court on this the 26^th day of December 2013

Sd/-

Smt. Seena. H

President

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1 - Receipt (copy) issued by the opposite party to complainant regarding booking of Hall dated 5/10/2012 and copy of Receipt regarding the cancellation of hall booking dated 8/11/2012.

Ext. A2 - Notice (copy) issued by the Kerala Consumer Protection Centre to the opposite party dated 29/1/2013.

Ext. A3 - Application (copy) sent by the complainant to the State Public Information Officer through RT I dated 31/1/2013.

Ext. A4 - Reply Letter (copy) from Public Information officer, Palakkad Municipality to the complainant dated 26/2/2013.

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost allowed

Rs. 500/- (Rupees Five hundred only) allowed as cost of the proceedings