ORDER

SRI.H.R. SRINIVAS, PRESIDENT

1.     This is the complaint filed by the complainant against the Opposite Party (herein referred to as OP) under Section 35 of the Consumer Protection Act, 2019 for the deficiency of service and to return a sum of Rs.2,00,000/- paid as advance/deposit by the complainant to book the convention hall and to pay Rs.50,000/- towards damages along with interest at the rate of 24% per annum from the date of this complaint till the date of payment, and for cost and other reliefs as the commission deems fit.

2.     The brief facts of the complaint are: that the complainant had booked a hall for his marriage of OP i.e. Poornima Convention Center on 11.12.2019 and paid advance of  Rs.2,00,000/- in order to block the dates to  get performed the dates on 15^th and 16^th of April 2020 by way of cash to OP and OP issued a receipt in that respect. On 23.03.2020 due to pandemic situation COVID-19, there was entire nation-wide lockdown issued by the Government and the lockdown was upto May 2020.  When the marriage date of complainant was nearing he called concerned official of OP to cancel the date of his marriage  and OP obliged the request of the complainant and answered that they will refund the advance amount. Further complainant patiently waited till August 2020 and thereafter he approached the OP and requested them to refund the amount, but OP informed that the payment will be decided by the directors in the meeting. After complainant requests for refund of money, OP came forward to refund only 50% of the amount as the advanced by him.

3.     Complainant was under shock and dismay as the OP restricted words and further complainant had also informed to OP that from its many marriage halls across Bangalore have refunded the amounts who have booked the marriage halls and got cancelled owing to pandemic situation and refund the full advance amount. On 09.10.2020 left with no other alternative, constrained to issue legal notice and it has been served on 10.10.2020. Even after the service of the legal notice OP neither refunded the amount nor replied the said notice. Hence the complaint.

4.      Upon service of notice, OP appeared through its counsel, filed version admittinged that complainant had booked convention hall on 11.12.2019 for his marriage.  Further denied all the averments made in the complaint and compliant is unjust and not maintainable either in law or on facts. The other averments of the petition not specifically denied are hereby not admitted. It is submitted that the booking of the convention centre is a conditional booking with terms and conditions that the 100% rent will be collected at the time of booking the convention hall and in case of any cancellation the entire rental amount is forfeited or otherwise 10% of the total rent amount is deducted from the rental amount is deducted against the rebooking of the convention center.  The term and conditions are clearly explained to the complainants while booking the convention center and the marriage held on 15.04.2020 and 16.04.2020 and the marriage was cancelled due to personal reasons and the said father of the complainant had requested to refund the booking amount.  OP i.e. Management of the Poornima Convention Centre after thorough discussions and deliberations and the financial losses incurred by it due to the COVID-19 situation and also keeping in mind the request of the parties, who had booked and cancelled the booking due to COVID-19 situation, decided to refund 50% of the booking amount received after deducting GST amount which was already deposited by way of cheque.

5.      Complainant has not come before this commission with clean hands and has no locus standi whatever to question the decision of the management of OP in returning the 50% of the booking amount to its customers. Further the pandemic COVID-19 situation has affected severely all the business sectors including OP and OP were not exempted from paying loan EMIs, Electricity charges, BWSSB bills, taxes, GST payments, wages and other maintenance charges.  OP had requested all the parties to reschedule the functions on their convenient to subsequent dates, where it could also help them and many of their bookings were reschedule accordingly and who insisted for refund of rent, were repaid by 50% of the booking amount after deducting GST charges. OP contended that there is no deficiency of service and ready and willing to return 50% of booking amount after deducting GST amount, to the complainant and prayed the commission to dismiss the compliant.

6.      In order to prove the case, complainant filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the opposite party?

2. Whether the complainant is entitled to the relief prayed for in the complaint?

7.      Our answers to the above points are:-

POINT NO 1 & 2: PARTLY IN THE AFFIRMATIVE

                             For the following.

REASONS

POINT NO 1 & 2:

8.      It is not in dispute that the complainant booked the marriage hall belonging to OP for his marriage to be held on 15^th and 16^th April 2020 and paid the advance a sum of Rs.2,00,000/- on 11.12.2019.  It is also not in dispute that by the end of March 2020 there was COVID-19 pandemic and the Government of India suspended/restricted the movement  of all the citizens and also put restrictions of mass gathering such as marriage, religious function and funerals.  When such being the case, the complainant could not get married on 15.04.2020 and 16.04.2020.

9.      OP in his version admitted that, it is ready to refund 50% out of the booking amount after deducting GST.  It is to be noted here that OP has not at all prepared to its duties to provide services in the marriage convention hall as by that time there was serious restriction by Government of Karnataka as well as Government of India. 

10.    It is not relevant whether OP is exempted by paying EMI’s on loan, electricity charges, BWSSB bills, taxes, GST payments wages and other maintenance charges.  It has to do on its own.  In view of this, the claim of the OP that it is ready to refund only 50% amount advanced that to after deducting GST amounts to unfair trade practice, when the Government itself has banned all the activities of the marriage hall and put a total ban on the marriage to be held in the marriage hall or convention centers.  It is not supposed to collect the GST in respect of the complainant booking the hall from OP. If at all OP has paid the said GST to the Governments we hereby direct the Government to refund the said GST in respect of this case to the OP. Further Government of Karnataka has issued Circular dated:10.06.2020 bearing No. ACT(1)CR/01/2019-20 as follows:-

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11.    In view of the unfair trade practice of the OP, we direct OP to refund full advance amount less 5% of the total amount it received i.e. Rs.2,00,000(-) Rs.10,000 = Rs.1,90,000/-. The said deduction is towards the administration charges. Further we direct OP to pay Rs.20,000/- as damages and Rs.10,000/- towards the litigation expenses to the complainant. In view of this, we answer POINT NO.1 AND 2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1. The complaint is partly allowed with cost.
2. OP i.e. Poornima Convention Center represented by its Manager/Authorized Signatory is hereby directed to pay a sum of Rs.1,90,000/- along with interest at 12% per annum from 05.03.2020 i.e informing the cancellation of the marriage due to COVID-19 situation till payment of amount.
3. Further OP is also directed to pay Rs.20,000/- towards damages for causing mental agony, physical hardship and financial loss to the complainant and further a sum of Rs.10,000/- towards the litigation expenses to the complainant.
4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 28^th  day of February 2022)

MEMBER                          PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the receipt for having paid Rs.2,00,000/- as advance.

Ex P2: Copy of the legal notice.

Ex P3: postal acknowledgment.

Ex P4: Postal receipt

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                  PRESIDENT

RAK*