Dtd.06.06.2024                                            A/1851/2017

O R D E R

             BY Mr.K.B.SANGANNANAVAR : Pri.Dist& Session Judge (R) - JUDICIAL MEMBER.

1. This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.07.08.2017 passed in CC/1982/2012 on the file of 2^nd Addl., District Forum, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, and appeal papers.

3. The Appellant/Complainant/Smt.Manjula Jayaprakash has raised consumer complaint before the District Forum to direct OP to return Rs.50,000/- along with interest, which was the amount paid towards marriage hall to perform her daughter’s marriage fixed on 01.02.2012 to 03.02.2012. The District Forum having been held enquiry of the complaint and in appreciation of the materials placed on record by the parties, directed OP to refund a sum of Rs.50,000/- to the Complainant paid towards advance amount and further directed to pay Rs.5,000/- within 30 days from the date of order. It is this order being assailed in this appeal contending   no interest is awarded on Rs.50,000/-, which was the amount with held by OP.

4. It is found from the enquiry, that the Complainant has paid Rs.50,000/- vide receipt dtd.26.11.2011 and had raised consumer complaint on 27.09.2012  and his complaint came to be decided on 07.08.2017. In other words a summary complaint was pending for six long years, yet the DF failed to award interest, as  such we found force in the contentions of   Appellant/Complainant that District Forum has committed error in not awarding interest on Rs.50,000/-. It is found from the enquiry OP is represented by learned counsel before the District Forum and placed nothing on record to show that even otherwise he has suffered loss on account of cancellation of the booking of marriage hall. It is not in dispute that the marriage of daughter of Complainant was fixed between 01.02.2012 to 03.02.2012 and she had intimated the OP about cancellation of marriage and requested for refund of the advance amount of Rs.50,000/- on 30.12.2011. In other words, she has intimated to OP about cancellation of marriage hall well in advance to book the said hall to any other intending parties. In such circumstances, we are of view although DF is right in  directing OP to refund the said amount in favour of complainant, committed error in not awarding the interest on the said amount from the date of complaint and failed to deduct some portion of amount towards processing fee, since the OP is also involved in providing services to facilitate the people to arrange for marriage under one roof. Hence we are of the view Rs.5000/- out of advance amount is assessed and allowed to OP to deduct towards processing of refund and proceed to allow the appeal. Consequently, proceed to modify the impugned order in the following terms:

OP is directed to refund Rs.45,000/- along with interest at 6% p.a. from the date of complaint till realisation and do pay Rs.3,000/- as compensation and Rs.2,000/- as litigation cost within 30 days from the date of receipt of this order.

Accordingly, appeal stands disposed of.

5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                          Judicial Member             

*NS*