BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

19^th DAY OF SEPTEMBER 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to refund Rs.1,00,000/- paid as advance, to pay penal interest of Rs.1,00,000/- from September 2015 to till date of refund also to pay damages for mental harassment.

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

The complainant on 18^th June 2015 paid an amount of Rs.1,00,000/- through cheque No.796866 to the account of Sri.Venkateshwara Kalyana Mantapa and on 19^th June 2015 an amount of Rs.1,00,000/- was paid to Sri.Lokanath.R owner of OP Kalyana Mantapa through cheque No.796867.  Both cheques issued from S.B account No.00000030103082225 of complainant of SBI, Manipal Branch and were transferred from said account, as recorded in the Bank statement.  This was paid as advance towards booking of Kalyana Mantapa for proposed marriage of daughter of complainant on November 4^th, 5^th and 6^th 2015.  OP has issued receipt No.548 dated 15.06.2015 for Rs.2,00,000/-.  Due to unforeseen developments the proposed marriage was cancelled and the same was informed by the complainant to owner of Kalyana Mantapa i.e., OP in the first week of September 2015 and asked for refund of amount paid as advance for booking.  OP told the complainant to come after November 6^th 2015.  The brother of complainant Ramesh Naik, resident of Bangalore met the OP after 6^th November.  The OP issued cheque only for Rs.1,00,000/- instead of advance received Rs.2,00,000/-.  Complainant sent several reminders by SMS and also through phone calls, OP failed to refund the balance amount of Rs.1,00,000/- till date.  On 05.02.2016 complainant issued notice to OP to refund the balance amount of Rs.1,00,000/-.  OP did not reply to the said notice. Complainant felt deficiency in service on the part of OP.  Hence, complainant has filed this complaint.

3. After service of notice, OP failed to appear before the Forum and was paced ex-parte.

4. So as to prove his case, the authorized representative of complainant filed affidavit evidence of complainant reiterating the complaint averments.

5. The above said assertions of the complainant have remained unchallenged.  OP neither filed version nor denied the sworn testimony of the complainant.

6. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the Bank statement regarding the amount which was paid as advance towards booking of Kalyana Mantapa.  Document No.2 is the receipt dated 15.06.2015 was issued by the OP to the amount paid by the complainant.  Document No.3 is the copy of the registered notice issued on 05.02.2016 by the complainant to the OP.  Document No.4 is the copy of postal receipt and acknowledgment.

7. On perusal of oral and documentary evidence of the complainant, it is crystal clear that, the complainant has booked the OP Kalyana Mantapa for the proposed marriage of his daughter on June 18^th 2015 by paying an amount of Rs.1,00,000/- through cheque to OP Kalyana Mantapa.  On 19^th 2015 an amount of Rs.1,00,000/- was paid to OP through cheque.  Both cheques issued from S.B account of complainant account at SBI, Manipal Branch.  The bank statement is produced as document No.1.  The amount was paid as advance towards booking of Kalyana Mantapa from 04^th, 5^th and 6^th 2015 and for the same the receipt No.548 dated 15.06.2015 was issued and it is produced as a document.

8. Due to unforeseen developments the proposed marriage was cancelled and the same was informed by the complainant to OP in first week of September 2015 and asked for refund of amount paid as advance for booking.  The OP asked complainant to come after November 06^th 2015.  The brother of complainant Ramesh Naik authorized by complainant met OP after November 06^th and the OP issued cheque for Rs.1,00,000/- only instead of advance received Rs.2,00,000/-.  Though the complainant has sent several reminders by SMS and also through phone calls, OP failed to refund the balance amount of Rs.1,00,000/-.

9. The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced.  The complainant suffered inconvenience and mental agony due to non performance of the promise made by the OP. The conduct of OP in not refunding the balance amount of Rs.1,00,000/- amounts to deficiency in service.  The non refunding of balance amount must have put the complainant to hardship, inconvenience and mental agony.  Therefore, we are of the opinion that the OP shall be directed to refund the balance amount of Rs.1,00,000/- together with interest at 9% p.a to the complainant.  Further OP is liable to pay compensation of Rs.10,000/- for deficiency of service together with litigation cost of Rs.3,000/-.

10. In the result, we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.  OP is directed to refund the balance amount of Rs.1,00,000/- to the complainant together with interest at 9% p.a from the date of receipt till realization towards advance amount paid for booking of Kalyana Mantapa.  Further OP is directed to pay compensation of Rs.10,000/- to the complainant towards deficiency in service together with litigation cost of Rs.3,000/-.

This order shall be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 19^th day of September 2016)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

COMPLAINT No.716/2016

Complainant                 -        Sri.Anantha Naik Nagappa,

Harapanahalli – 583131,

Davanagere District.

                                 -vs-

Opposite Party              -        Sri.Lokanth Reddy,

Proprietor,

Sri Venkateshwara Kalyana
         Mantapa,

Bangalore-560056.

Witnesses examined on behalf of the complainant dated 22.08.2016.

1. Sri.Anantha Naik Nagappa.

          OP  -       Absent

MEMBER                           MEMBER                      PRESIDENT

Vln*