DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 358 dated 04.06.2018
Date of decision: 18.12.2018.
Jaswant Singh aged about 52 years son of Shri Sadhu Singh c/o. Varinder Verma, resident of House No.12504-A, Street No.9, Near Sanjeet Cinema, Partial Chowk, Ludhiana.
.…Complainant
Versus
- The Mirage Hotel, Pakhowal Road, Ludhiana through its Manager.
- Shri Pranav Sharma, The Manager/Partner, The Mirage Hotel, Pakhowal Road, Ludhiana.
....Opposite parties
Complaint under Section 12 of Consumer Protection Act.
QUORUM:
SH. G.K. DHIR, PRESIDENT
SH. VINOD GULATI, MEMBER
COUNSEL FOR THE COMPLAINANT:
For complainant : Sh. Devan Verma, Advocate.
For OPs : Exparte.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by complainant by pleading that OP1 through OP2, Manager/Partner is running a hotel at Pakhowal Road, Ludhiana. Marriage of daughter of the complainant was to take place on 10 and 11.02.2018 and that is why complainant booked 15 rooms for these days by settling the rent amount as Rs.45,000/-. Advance amount of Rs.20,000/- was paid on 11.07.2017. Due to some personal reasons, marriage of complainant’s daughter was cancelled in August 2017 and he informed OP1 and OP2 about such cancellation of function. Request for refund of advance paid amount made. OPs agreed to return the amount in meeting/conversation held between the parties. Even in the mobile conversation, OPs admitted for return of the booking amount. CD of the conversation was prepared and the same annexed with the complaint. Thereafter, OPs demanded account number of complainant, which was supplied through whatsapp messenge. Screen shot of the same also annexed with the complaint. As per agreement, in case cancellation of booking takes place 2 months prior to the event, then whole of the booking amount to be returned. Intimation regarding cancellation in this case was given by the complainant to OPs four months prior to the date of event/function, but despite that the booking amount has not been returned and as such, by pleading deficiency in service on the part of OPs, prayer made for directing OPs to refund the booking amount of Rs.20,000/- and to pay Rs.50,000/- as compensation for mental harassment and agony, but litigation expenses of Rs.22,000/-.
2. OPs are exparte in this case.
3. Counsel for complainant tendered in evidence affidavit Ex. CA along with documents Ex. C1 to Ex. C4 and thereafter, closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through carefully.
5. After going through affidavit Ex. CA of the complainant along with writing Ex. C1 it is made out that booking of the rooms for 10 and 11.02.2018 was done. Check-in date as 10.02.2018 and check-out date as 11.02.2018 is mentioned at page No.4 of Ex. C1. Name of OP2 as well as of complainant mentioned on this page No.4 for denoting as if package is for Rs.45,000/- against which Rs.20,000/- accepted in advance by OPs and balance amount was payable to OPs as Rs.25,000/-. So this documentary evidence establishes as if Rs.20,000/- was paid in advance by the complainant to OP1 through OP2. As that function stood cancelled and that is why complainant claims to have informed OPs about this cancellation in August 2017. After giving intimation of this cancellation of marriage function, OPs agreed for refund of the accepted advance amount of Rs.20,000/- and that is why complainant sent his account number through snap shot, copy of which is produced on record as Ex. C2. As intimation regarding cancellation of marriage function was given more than four months prior to the event and as such, in view of oral terms settled between parties, certainly complainant entitled for refund of Rs.20,000/-. That amount of Rs.20,000/- not refunded as per promise through CD conversation and as such, certainly deficiency in service on the part of OPs is there. CD is produced on record as Ex. C4. As despite assurance amount of Rs.20,000/- not returned and as such, complainant entitled for refund of this amount with interest @9% per annum from 01.09.2017 till payment because specific date of giving of intimation of cancellation in August 2017 has not been mentioned in the complaint or in the affidavit. Complainant has been dragged in this litigation due to inaction of the OPs in not reimbursing the amount and as such, complainant entitled for compensation for mental harassment and agony as well as to litigation expenses.
6. As a sequel of above discussion, complaint allowed exparte in terms that OPs directed to refund the received amount of Rs.20,000/- with interest @9% per annum from 01.09.2017 till payment. Compensation for mental harassment and agony of Rs.3,000/- (Rupees Three Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Gulati) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:18.12.2018.
Gobind Ram.
