CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

      UdyogSadan, C – 22 & 23, Institutional Area

              (Behind Qutub Hotel)

     New Delhi – 110016

       Case No.42/2022

MR. SACHIN BINDAL

D-44 SECOND FLOOR

KALKAJI

NEW DELHI 110019…..COMPLAINANT

Vs.

BEL-LA MONDE HOTELS

CHATTARPUR MANDIR ROAD

SATBARI, OPP. BANDH ROAD

NEW DELHI 110074                                                  …..RESPONDENTS

Date of Institution-23.02.2022

Date of Order-25.08.2023

         O R D E R

RITU GARODIA-MEMBER

1. The complaint pertains to deficiency in service on part of OP in not refunding the booking amount for a wedding to be held during Covid-19 period.

2. Brief facts as stated in the complainant are that a wedding dinner function was booked on 05.01.2021 at OP hotel. The complainant paid Rs.2,00,000/- towards booking amount for his brother’s wedding dinner to be held on 24.04.2021. The total package was Rs.13,00,000/- for 300 persons. Complainant has placed receipts issued by OP bearing no. 016 and 037 dated 17.01.2021 and 05.01.2021 respectively.

3. Complainant submits that vide Delhi Disaster Management Authority Order dated 23.03.2021, gatherings/congregations/public celebrations were not allowed in public spaces due to rise in Covid-19 cases. Further vide Delhi Disaster Management Authority Order dated 15.04.2021, weekend curfew was imposed from 10pm to 5am. There were certain exceptions which also included movement for persons for marriage related gatherings up to 50 persons.

4. Vide Delhi Disaster Management Authority Order dated 19.04.2021, curfew was extended till 26.04.2021 with certain exception including movement for persons for marriage related gatherings upto to 50 persons.

5. The complainant submits that he decided to hold a small wedding function on the date fixed i.e. 24.04.2021 with less than 50 guests. However, OP refused to lower the cost and proposed a cost of Rs.12,00,000/- in place of the initially agreed amount of Rs.13,00,000/-. This proposal by OP was not feasible and hence not accepted by the complainant. Complainant’s brother’s wedding was solemnized at his residence on the same day.

6. Vide Delhi Disaster Management Authority Order dated 09.05.2021 it was further ordered that the owners of marriage halls, banquet hall, hotels etc. will have to return the advance amount paid by the customer for conducting marriage ceremony during the curfew period.

7. The complainant contacted OP several times for refund of the booking amount i.e. Rs.2,00,000/- but OP refused to issue any refund. The complainant sent a legal notice to OP.

8. Complainant prays for an amount of Rs.10,00,000/- as compensation for booking amount, mental suffering, harassment, disobeying the direction of Delhi Disaster Management Authority and litigation cost.

9. Notice was issued to OP which was duly served on 21.04.2022 but none appeared on behalf of OP. OP was proceeded Ex-parte vide order dated 19.09.2022.

10. Complainant has filed evidence by way of affidavit and has exhibited the following documents:

1. Copy of the receipt is exhibited as Annex-1.
2. Copy of the dinner menu and cost estimate is exhibited as Annex2.
3. Copy of the receipt is exhibited as Annex-3.
4. Copy of Delhi Disaster Management Authority order 361 is exhibited as Annex-4.
5. Copy of Delhi Disaster Management Authority order 373 is exhibited as Annex-5.
6. Copy of Delhi Disaster Management Authority order 381 is exhibited as Annex-6.
7. Copy of Delhi Disaster Management Authority order 415 is exhibited as Annex-7.
8. Copy of legal notice is exhibited as Annex-8.

11. The Commission has perused the complaint and documents filed by complainant. Relevant portion of Delhi Disaster Management Authority Order dated 15.04.2021 is as follows:

And whereas, situation of COVID-19 in NCT of Delhi has been reviewed and it has been observed that there has been a sharp increase in COVID-19 cases during last few days along with high positivity rate and therefore, it is felt that in order to contain the fast spread of virus, additional prohibition / restriction on certain activities and weekend curfew needs to be imposed in the territory of NCT of Delhi, except for essential activities/services, as an emergency measure for well being and safety of people.

Further, there shall be weekend curfew on movement of individuals in NCT of Delhi from10:00 pm on 16.04.2021 (Friday) to 05:00 am on 19.04.2021 (Monday). Following categories of individuals are however exempted from the above restriction of movement during curfew:

Further, during weekend curfew, movement of persons for marriage related gatherings upto 50 persons and funeral/ last rites gatherings upto 20 persons is continued to be allowed.

12. Relevant Portion Delhi Disaster Management Authority order dated 19.04.2021 is as follows:

Now, therefore, in exercise of powers conferred under section 22 of the Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, State Executive Committee, Delhi Disaster Management Authority GNCTD, hereby directs that there shall be curfew on movement of individuals (except for exemptions given below in this order) in the territory of NCT of Delhi with effect from 10:00 pm on 19.04.2021 (Monday) to 5:00 am on 26.04.2021 (Monday). Following categories of individuals are however exempted from the above restriction of movement during curfew:

Further, during curfew, movement of persons for marriage related gatherings upto 50 persons on production of soft or hard copy of marriage card) and funeral last rites related gatherings upto 20 persons is continued to be allowed.

13. Relevant portion Delhi Disaster Management Authority order dated 09.05.2021 is as follows :

And whereas, considering the unprecedented surge in COVID-19 cases with high positivity rate and in order to break the transmission chain of COVID-19 virus, Delhi Disaster Management Authority had imposed curfew on movement of individuals in the territory of NCT of Delhi with effect from 10:00 pm on 19.04.2021 (Monday) to 5:00 am on 26.04.2021 (Monday) vide Order No. 381 dated 19.04.2021, which has been extended till 05:00 am on 03.05.2021 (Monday) vide Order No. 397 dated 25.04.2021 and further extended till 05:00 am on 10.05.2021 (Monday) vide Delhi Disaster Management Authority Order No. 407 dated 01.05.2021, as an emergency measure;

Now, therefore, in exercise of powers conferred under section 22 of the Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, State Executive Committee, Delhi Disaster Management Authority, GNCTD, hereby directs to extend the curfew, on movement of individuals (except for essential activities/ services as already stipulated in Delhi Disaster Management Authority Order No. 381 dated 19.04.2021 and Order No. 397 dated 25.04.2021) in the territory of NCT of Delhi, till 05:00 am on 17.05.2021 (Monday) or further orders whichever is earlier. As additional precautionary measures, the following activities shall further be prohibited / restricted during curfew:

1. …………………..

2. There will be a complete prohibition on organizing any marriage ceremony at public places / marriage halls / banquet halls / hotels and similar places. The marriage may however be organized in Court or at home, in which not more than 20 people will be allowed to participate. The movement for the said purpose shall be allowed with the production of soft or hard copy of marriage card. The DJ, sound system, tentage, catering or similar kind of services will not be allowed for the marriage ceremony. Owners of the marriage halls, banquet halls, hotels, DJ, sound system, tentage, catering and other service providers will have to either return the advance amount paid by the customer for conducting marriage ceremony during curfew period or they will have to mutually agree to organize the marriage at a later date.

14. It is clear from the orders passed by Delhi Disaster Management Authority, Government of NCT of Delhi that curfew due to surge in Covid-19 cases was imposed on 15.04.2021 and was extended on 19.04.2021 and thereafter on 09.05.2021. The order also contained that marriages could take place with the gathering of less than or equal to 50 people.

15.  In the present case, the booking estimate shows that the wedding dinner was to be held on 24.04.2021 with the minimum guarantee of 300 people and package amounting to  Rs.13,00,000/- plus taxes. An amount of Rs.50,000/-was received by OP on 05.01.2021. An amount of Rs.1,50,000/- was received by OP on 17.01.2023.

16. The wedding function was to be held on 24.04.2021 which was within the period of curfew. The Delhi Disaster Management Authority order dated 09.05.2021 clearly specify that owners of marriage hall will either return the advance during the curfew period or they can mutually agree to organise the marriage at a later day. It is submitted by the complainant that  he was ready to continue with his brother’s weeding on 24.05.2021 with only 50 people in attendance. However, OP was not ready to reduce the final amount proportional to reduction in number of guests. The complainant submits that OP was asking for Rs.12,00,000/- for 50 people during curfew whereas the original booking was for 300 people for Rs.13,00,000/-.

17. This contention is unrebutted by OP. Since, parties could not mutually agree upon the postponement of weeding, the OP was under obligation to refund the amount taken from complainant as advance as per order dated 09.05.2021 of Delhi Disaster Management Authority.

18. Hence, We hold OP to be guilty of indulging in unfair trade practice and direct it to refund:

1. OP is directed to pay Rs. 2,00,000/- with interest @7% from the date of cancelled wedding realization.
2. OP is directed to pay an amount of Rs. 30,000/- as compensation for the mental agony and the discomfort caused due to deficiency in service.
3.  OP is directed to pay an amount of Rs.5,000/- towards litigation charges.

19. This order be complied with within 90 days from the date of the order.  This entire amount is payable to the complainant within a period of 90 days from the date of order failing which the entire amount will further carry an interest @9% per annum till it is paid to the complainant.
20. File be consigned to record room.