BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.204 of 2017
Date of Instt. 05.07.2017
Date of Decision: 25.02.2019
Paramjit Singh S/o Trilochan Singh R/o House No.2206 Mohalla Malhna, Kartarpur, District Jalandhar.
..........Complainant
Versus
White Spott Resorts, G. T. Road, Kartarpur Distrcit Jalandhar through its Manager
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. K. C. Malhotra, Adv Counsel for the Complainant.
Opposite Party exparte.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainant, wherein alleged that he got reserved in advance resort of OP for auspicious shogun ceremony of his son Jasdeep Singh to be performed on 15.10.2016. The total services charges of the said resort was settled of Rs.80,000/-, out of which the complainant paid Rs.10,000/- in advance, vide receipt No.64 dated 21.08.2016. But unfortunately, the mother of the complainant namely Narinder Kaur all of sudden expired at the age of 75-76 years, on 24.08.2016 i.e. three days after the booking of the said resort. The complainant immediately informed the OP regarding death of his mother, though the entire family was in a deep sorrow and grief. Thereafter, the complainant got cancelled booking of OP resort on 01.09.2016 after her last religious rites.
2. That due to unexpected and unavoidable circumstances and sad demise of revered mother of the complainant, the complainant requested for refund of the amount of Rs.10,000/- paid as advance, since all the ceremony relatable to shagun will be performed later on. But the OP flatly refused to refund the said amount without assigning any reasonable and valid cause. The refusal on the part of the OP for return of the money, tantamount to indulge into unfair and deceptive trade practice and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to reimburse the advance paid amount of Rs.10,000/- along with damages and litigation expenses.
3. Notice of the complaint was given to the OP and accordingly, OP appeared through its counsel and filed written statement, whereby contested the complaint by taking preliminary objections that the complainant is estopped by his own act, conduct, admission and omissions from filing the present complaint. Hence, the complaint is liable to be dismissed with cost and further averred that no cause of action has accrued to the complainant against the OPs and even the complainant miserably failed to disclose the real and correct facts of the case in the present complaint and therefore, complaint is liable to be dismissed. On merits, it is admitted that the complainant paid Rs.10,000/- as an advance against total consideration of Rs.80,000/- for the booking charges of resort on 15.10.2016 and further admitted that the complainant got cancelled the booking. It is further averred that as per Condition No.10 described on the receipt and display board, advance amount received is non refundable. The complainant agreeing to the said conditions booked the resort, signed the receipt as a token of his acceptance without any demur/voluntarily and now surprisingly making all sorts of allegations in order to knock sympathy of the Forum. The other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
4. In order to prove the case of the complainant, counsel for the complainant tendered into evidence affidavits of the complainant Ex.CA and Ex.CB along with some documents Ex.C-1 to Ex.C-5 and closed the evidence.
5. Thereafter, case was fixed for OP evidence, but despite availing numerous opportunities, the OP failed to examine any witness, even cost was not paid and then the OP miserably failed to appear and ultimately, the OP was proceeded against exparte, vide order dated 12.11.2018.
6. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
7. Precisely, the case set up by the complainant is very simply that he got reserved in advance resort of OP for the shogun ceremony of his son Jasdeep Singh to be performed on 15.10.2016 and the total hired charges of the said resort was settled between the parties of Rs.80,000/-, out of that Rs.10,000/- was paid as advance, vide receipt Ex.C-5 and thereafter, mother of the complainant namely Narinder Kaur was expired on the very 3rd day of booking of the said resort and photostat copy of the death certificate of Narinder Kaur is available on the file Ex.C-3 and after the death of his mother, the complainant got cancelled the said booking on 01.09.2016, regarding that an endorsement was given on the said receipt Ex.C-5. As the booking of the resort was cancelled much prior to the fixed date and accordingly, the complainant approached to the OP for refund of the advance amount of Rs.10,000/-, but the OP failed to return the said amount under the pretext that there is a Clause-10 in the terms and conditions mentioned on the receipt Ex.C-5 and as per Clause-10, advance amount will not be refunded. The OP after appearing and filing written reply did not bother to contest the complaint rather OP was proceeded against exparte. So, even in the absence of the OP, we have to consider the plea taken by the OP in its written statement in regard to Clause-10 of the terms and conditions mentioned on the receipt Ex.C-5 and find that the said condition is incorporated in the terms and conditions if anybody cancel the program without assigning any reason, but the reason assigned by the complainant in this complaint was beyond the control of the complainant. The terms and conditions mentioned on the receipt Ex.C-5 seems to be self made terms and conditions, which are not applicable on all cases, it can be made applicable, if booking is got cancelled without any reason, but cause for cancellation in this complaint is beyond the control of the human being, the death and birth is controlled by the 'God'. Admittedly, the complainant got cancelled the booking on 01.09.2016 and the shogun ceremony of the son of the complainant was to be solemnized on 15.10.2016, means the cancellation was got by the complainant much prior to the date fixed for the function. So, we find that the circumstances under which the complainant got cancelled the booking is not an ordinary reason and therefore, the OP has to consider the case of the complainant on humanity basis, but the OP did not bother and as such, we find that there is a deficiency in service on the part of the OP and accordingly, we came to conclusion that the complainant is entitled for the relief claimed.
8. As an upshot of our above detailed discussion, the complaint of the complainant is exparte partly accepted and accordingly, OP is directed to refund the advance amount paid by the complainant of Rs.10,000/- along with compensation and litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
25.02.2019 Member President
