BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Friday, 7th August 2015
CONSUMER COMPLAINT No. 5/ 2015
G. Venkata Subba Reddy, S/o G. Chinna Subba Reddy,
aged about 35 years, Hindu, Agriculturist, Resident of
D.No. 1/84, Pendlimarri (V) & (P) & (M),
Kadapa District. ….. Complainant.
Vs.
S. Hidayathulla, Proprietor, Azmath Function Hall,
Opp. Sri Vijaya Durga Temple, Near Built-up,
Kadapa City. ….. Respondent /
Opposite party.
This complaint coming for final hearing on 03-8-2015 in the presence of Sri M. Nagi Reddy, Advocate for complainant and Sri D. Lakshminarayana, Advocate for respondent / opposite party and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the opposite party / respondent to refund the remaining advance amount of Rs. 12,000/-, to pay Rs. 25,000/- as compensation for mental agony and Rs. 2,000/- towards costs.
2. The averments of the complaint in brevity are that the opposite party / respondent is the proprietor of the function hall and the complainant approached opposite party to book his function hall for the purpose of marriage of his younger brother to be performed on 14-12-2014. According to the terms and conditions the function hall rent is Rs. 24,000/- per day and the entire rent amount shall be paid in advance at the time of booking of the function hall. In the event of cancellation of booking, 10 days prior to the booking date the entire advance amount will be refunded and in the event of postponement of date will be adjusted at free of cost, subject to availability of vacancy. If the function hall is engaged by someone on the date of postpone the entire advance will be refunded. On 7-10-2014 the complainant paid entire rent amount of Rs. 24,000/- as advance and booked the function hall from the respondent. The function hall had to be occupied on 13-12-2014 till 14-12-2014 i.e for 24 hours. But on 13-11-2014 under unavoidable circumstance the marriage of complainant’s brother was postponed to 18-12-2014 from 14-12-2014. On 14-11-2014 the complainant approached the opposite party and intimated the date of postponement of the marriage to 18-12-2014 and requested to adjust the booking date from 14-12-2014 to 18-12-2014 on verification of booking register opposite party has represented the function hall was already engaged by someone. However, the opposite party agreed to refund the entire advance amount of Rs. 24,000/- to the complainant. Thus the complainant has cancelled the booking by intimating the same on 12-11-2014 itself and he got performed the marriage of his brother on 18-12-2014 in another Kalayanamandapam. On 7-12-2014 the complainant insisted for refund of the amount as agreed by the opposite party, but he was postponing the same on some pretext or other. He got issued legal notice on 26-12-2014 to refund the amount of Rs. 24,000/- besides compensation for mental agony. The opposite party issued reply notice on 31-12-2014 stating that the complainant’s men threatened and got written same text on ruled white paper. Opposite party paid a sum of Rs. 12,000/- by way of banker’s cheque dt. 31-12-2014 instead of Rs. 24,000/-. Later on 6-1-2015 the complainant got issued rejoinder to the reply notice of opposite party and demanded to pay Rs. 12,000/- but not paid the same. Hence, there is deficiency of service on the part of the opposite party. Therefore, the complaint for the above reliefs.
3. Opposite party / respondent filed counter denying maintainability of the complaint and the allegations there in and called upon the complainant to prove all of them. It is further averred that the complainant has reserved function hall of the opposite party / respondent for marriage schedule on 14-12-2014 by making full payment of Rs. 24,000/- for 24 hours vide booking receipt No. 406, dt. 7-10-2014 later the complainant had informed the change of date of marriage as 18-12-2014. The respondent has informed that the function hall was already reserved on 18-12-2014 and as per terms of booking receipt he offered to refund Rs. 12,000/- being half of rental amount paid to the complainant but for the reasons best known to the complainant did not concede for the same but demanded refund of Rs. 24,000/- for which the respondent refused as it is against the terms of booking. Later on 7-12-2014 the complainant came along with his men and persuaded his illegal demand for Rs. 24,000/- and threatened the respondents highhandedly got written the matter as found in the document No. 1 annexed to the complainant. The said document is also Omnibus document and the matter was not addressed to the complainant and it does not carry any credibility under law. The said document runs against original terms and conditions of the booking receipt issued by this respondent. The respondent issued reply notice dt. 31-12-2014 by sending an amount of Rs. 12,000/- by way of demand draft to the complainant and appraised the real facts. The complainant again issued legal notice on 6-1-2015 by illegally demanding for another Rs. 12,000/-, since the complainant received amount without any protest. The complaint does not survive in a consumer dispute as such the claim for balance amount shall be before a Civil Court and thus the complaint is not maintainable as there are no bonafidies and no deficiency of service on the part of this respondent. Hence, the complaint is liable to be dismissed.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is deficiency of service on the part of the opposite party / respondent?
- Whether the complainant is entitled for refund of Rs. 12,000/- as prayed against the opposite party / respondent?
- To what relief?
5. No oral evidence has been let in by the parties. But on behalf of the complainant Exs
. A1 to A4 and on behalf of the Opposite party / respondent Ex. B1 documents are marked.
6. Heard and perused the record.
7. Point Nos. 1 & 2. Learned counsel for complainant contended that as per Ex. A1 document the opposite party admitted to refund total amount of Rs. 24,000/- paid in advance for the marriage hall, but refunded only Rs. 12,000/- for the cancellation of marriage and the remaining amount has to be refunded. Hence, the complainant is entitled for refund of amount apart from the claim of mental agony and costs.
8. Per contra learned counsel for opposite party contended that as per terms and conditions of the marriage function hall under Ex. B1 if the party cancels the function hall reservation date it has to be intimated 10 days prior to the reservation date and half of the amount is to be returned, if the reserved date is vacant. Therefore, the opposite party returned half of amount under Ex. A3 reply notice and more over the complainant received the same without protest and he cannot claim again by way of this complaint and the complaint is not maintainable and complaint is liable to be dismissed, as there is no deficiency of service on the part of the opposite party.
9. It is not in dispute that the complainant reserved the function hall of opposite party on 7-10-2014 for the marriage to be performed on 14-12-2014 by paying Rs. 24,000/- as rent for the hall. According to complainant the marriage of his brother was postponed from 14-12-2014 to 18-12-2014 and he intimated the same to the opposite party on 14-11-2014 and the opposite party agreed to refund whole amount. But he did not returned the whole amount, but refunded half of the amount i.e. Rs. 12,000/- only.
10. As seen from Ex. A1 document dt. 7-12-2014 the complainant intimated the cancellation of reservation on 14-11-2014 i.e. one month prior to the date of marriage. The same has been admitted by the opposite party in Ex. A1 document. In Ex. A1 document the opposite party admitted if the concerned booking on the reserved date was not filled up than the whole amount will be refunded. In this case the opposite party has not filed any record that the function hall was not booked by anybody on 14-12-2014. So as per undertaking under Ex. A1 the opposite party has to refund the total amount of Rs. 24,000/- paid by the complainant as advance for the function hall booked by him for the marriage on 14-12-2014. But the opposite party refunded only Rs. 12,000/- though he agreed to refund the amount of Rs. 24,000/-. The opposite party has not filed counter foil of receipt with terms and conditions. Therefore, the document Ex. A1 dt. 7-12-2014 executed by opposite party has to be taken in to credence to prove that the opposite party undertook to refund the whole advance amount paid by the complainant. In view of the above circumstances the blank booked receipt Ex. B1 cannot be taken in to consideration to hold that the opposite party is not liable to refund the amount as claimed by the complainant. After going through the entire material placed on record and considering the submissions made by the counsel for the parties, we held that there is deficiency of service on the part of the opposite party for not refunding advance amount of the complainant and complainant is entitled for refund of balance amount of Rs. 12,000/- and to pay Rs. 2,000/- for causing mental agony and Rs. 1,000/- towards costs. Accordingly, points 1 & 2 are answered in favour of the complainant.
11. Point No. 3. In the result, the complaint is allowed, directing the opposite party to refund advance amount of Rs. 12,000/- (Rupees twelve thousand only), to pay Rs. 2,000/- (Rupees two thousand only) for causing mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint to the complainant, within 45 days from the date of receipt of this order, failing which the amount of Rs. 12,000/- shall carry interest at 12% p.a. till realization.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 7th August 2015
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For opposite parties : NIL
Exhibits marked for Complainant : -
Ex A1 Copy of written undertaking given by the opposite party
dt. 7-12-2014.
Ex A2 Office copy of legal notice dt. 26-12-2014.
Ex A3 Reply notice dt. 31-12-2014.
Ex A4 Office copy of rejoinder dt. 6-1-2015.
Exhibits marked on behalf of the Opposite party : -
ExB1 Blank booking receipt of function hall of the respondent.
MEMBER PRESIDENT
Copy to :-
- Sri M. Nagi Reddy, Advocate for complainant.
- Sri D. Lakshminarayana, Advocate for respondent / opposite party
B.V.P.
