Per M.P.KASAR Member

1. It is stated by the complainant that, he was required of the marriage hall for the marriage ceremony hence he approached opposite party who gives on rent the said cultural centre on hire. Complainant booked first floor and ground floor for full day at Rs.85623/- & opposite party issued receipt No.266 of dated 27/10/2017 of said amount.  It is stated that, additional charges are never informed by the opposite party to the complainant.  It is stated that, complainant is not liable for any taxes including BMC taxes or levied by the state government.  It is stated that opposite party here in taken Rs.14850/- on rent of hall i.e.33% BMC tax and GST of Rs.2673/-.  It is stated that being owner opposite party is liable to pay taxes with their own income. It is stated that, there is no provisions of charging GST on the municipal tax on rent of the hall.   It is stated that, opposite party recovered the charges from caterers and charging the same from the complainant is unfair trade practice by the opposite party. It is stated that, opposite parties refused to refund to the complainant on 30/08/2018 and complainant have to file complaint case on 29/08/2020 but due to pandemic situation complainant could not engage the advocate during period 29/08/2020 to 24/02/2022.  Hence there is delay of filing present complaint of 183 days which is not deliberately
2. Opposite party appeared and filed written say stating that, application is not maintainable delay mentioned is not calculated correctly and explained properly.  It is stated that, present complaint is filed after the period of 4 & ½ years from the booking date for marriage ceremony.   It is stated that complainant had approached on 27/10/2017 nearly 3 & ½ years and enquired about availability of hall for marriage ceremony on 14/03/2018 and complainant was informed about terms and conditions for booking and using the hall and related information about rent, taxes and other charges and rate card was provided and thereafter complainant shown his interest to book the premises and paid necessary charges on 27/10/2017 and paid charges including taxes and Rasoda on 27/10/2017.  So  application for delay condonation be dismissed with cost because cause of action arisen on 27/10/2017 when the complainant paid an amount for BMC, taxes and Rasoda charges and therefore the complainant has any alleged cause of action the same was available up to 26/10/2019 i.e. much prior to starting of pandemic.
3. Heard complainant  through Adv.Abhaykumar Jadhav & opposite parties through Adv.P.B.Baria i/b Adv.Sandip Ginsiwale.  Perused application and written say of opposite parties.  To decide application on merit and in order to that we frame issues as follows :-

ISSUES

        FINDINGS :-

4. As to issue No.1 & 2 :-            Admittedly complainant shown his interest to book the premises and paid necessary charges on 27/10/2017 and paid charges including taxes and rasoda on 27/10/2017.   Towards that opposite parties issued receipt to complainant bearing No.266 from the perusal  it is appearing that opposite parties have received Rs.14850/- hall rent (14/03/2018 ) Rs.45000/-, other taxes Rs.14850/-,  Miscellaneous Rasoda Rs.12712/-  and service tax on item  i.e. hall rent and Rasoda  & GST 18%.  Thus total amount received by opposite party form complainant is Rs.85623/- by cheque No.12389 dated 27/10/2017.  No dispute in regard payment done by the complainant.   Allegation of the complainants is that, opposite parties charged wrong rates and violated the rules and same has been informed by the complainant to opposite parties vide letter dated 15/08/2018 & opposite parties have replied to complainant vide letter dated 30/08/2018.

According to opposite parties cause of action has arisen on 27/10/2017 the date when complainant paid charges through cheque to the opposite parties.

The term Cause of Action refers to a set of facts or allegations that make up the grounds for filing a lawsuit. Complainant have raised some allegations in regard of charges applied by the opposite partiesvide letter dated 15/08/2018 which has been denied by the opposite parties vide their written reply to complainant dated 30/08/2018 and this one also can be treated as one element of cause of actionarisen to file suit. So within 2 years from the date of 30/08/2018 complainant ought to have file instant case and said time finished on 29/08/2020 certainly there were pandemic situation in this period it continued till 24/02/2022.So it is appearing that, limitation period is finished during pandemic period and in view of direction of Hon’ble National commission in regard extension granted to filing cases of which limitation has been expired it is observing that, limitation period to file present complaint finished in pandemic situation and further delay caused to file of 183 days can be condoned considering principal of natural justice.Complaint case can be decided on the merit considering re allegations of opposite parties. So we are of the opinion in views of aforesaid findings delay can be condoned as per section 69(2) Consumer Protection Act, 2019.So we answer issue No.1 as Yes and pass order as follows as per issue No.2 :-

                    ORDER

1.      MA-22/5 in CC/22/61 is hereby allowed.
2.      Delay of 183 days for filing present complaint case is hereby condoned below section 69(2) Consumer Protection Act 2019.
3.      No order as to cost.