ORDER

(Passed on  11/12/2019)

PER SHRI.ATUL D.ALSI, PRESIDENT.

        The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 against the OP trust for non refund of deposit amount of Rs.25,000/- deposited against booking of marriage ceremony hall for the marriage of his daughter and praying for refund of deposit amount alongwith 18% interest and further claiming compensation of Rs.2 lac and Rs.25,000/- towards cost of proceeding.

2.         The facts in short giving rise to this petition are that the complainant is a life member of OP Charitable trust which is created for the welfare of Arya Vaishya Komti community.  Said Trust runs a number of charitable endeavours. Trust owns a marriage hall and all the members of trust are allowed to utilize that marriage hall for free for restricted time limit for the marriage and other ceremonies of their family members.  On 22/1/2018, the complainant approached to OP and booked the hall for the period from 10.00 a.m.on 18/6/2018 to 8.00 a.m. on 19/6/2018 for the marriage of his daughter to be solemnized on 18/6/2018 and deposited Rs.51,000/-.   He also paid Rs.12,000/-  for extra four hours besides Rs.5000/- for decoration, Rs.5000/- towards catering, and further charges towards use of kitchen, etc. However, the OP asked the complainant to vacate the hall on 18/6/2018 itself and hence he had to arrange for alternative venue for dinner due to which he had to cancel the booking of services of catering and decoration. However, the OP refunded Rs.4,500/- each for catering and decoration after illegally deducting Rs.500/- on each count towards clearing and decoration charges respectively.  Hence the complainant issued letter dated 30/6/2018 to the OP trust demanding refund of deposit amount of Rs.25,000/- paid vide receipt Nos.175 and 214. However, the OP did not comply. Hence, the complainant has filed this complaint.

3.         The complaint is admitted and notice was served on the OP. The OP appeared before this Forum and filed its reply and thereby denied allegations against them and submitted that the complainant is not Consumer because the OP trust runs its activities for charity and welfare of Arya Vaishya Community and the complainant was allowed to utilize its marriage hall without charging any consideration.  The OP only recovered charges against the necessary expenses and rest of the money is raised as donation which is utilized by the trust for running its charitable endeavors including a hostel for the students of Vaishya Komti community.  Hence the complainant is not a consumer.

4.       The OP further averred that the complainant had booked the hall for 22 hours i.e.from 10.00 a.m. on 18/6/2018 to 8.00 a.m.on 19/6/2018.  No charges are levied as against userp of the hall for permitted free hours. However, as the complainant utilized the hall facility for extra 4 hours he was charged @Rs.3000/- per hour i.e.Rs.12,000/- in the form of donation, as per the terms and conditions of the booking agreement between the parties.  The complainant also paid Rs.19,000/- towards donation for furniture vide receipt No.129. All the donations made to the trust are non-refundable and as such there is no question of refund of the same.

5.        The OP further stated that it had also recovers deposit amount from the complainant for securing payment of charges towards cleaning and use of electricity. Accordingly Rs.20,000/- were recovered from the complainant as deposit amount and after deducting Rs.8115/- towards consumption of 541 units of electricity and further Rs.1500/- towards cleaning charges, the balance amount of Rs.10,385/- has been refunded to the complainant vide cheque No.064999 dated 20/6/2018. 

6.    The OP submitted that the complainant had filed a complaint to the Charity Commissioner, Chandrapur alleging non refund of excessive deposit by the OP trust, however, the Charity Commissioner was pleased to dismiss the complaint as per order dated 25/6/2018 with a direction to file the same before appropriate forum.  Therefore there is no shortcoming or deficiency in service on the part of OP and the petition deserves to be dismissed with cost.

7.      Counsel for the complainant argued that the complainant is a life member of OP Charitable trust and he had booked the marriage hall of the OP for the marriage of his daughter to be solemnized on 18/6/2018 and deposited Rs.51,000/-.   He also paid Rs.12,000/-  vide receipt No.175 for extra four hours over and above the permitted free hours besides Rs.12,000/- vide receipt No.214 and hence the complainant is a Consumer of OP.  The OP did not refund this amount neither it refunded the deposit amount and hence the petition deserves to be allowed.

8.           Counsel for the OP argued that the OP is a charitable trust and runs its endeavours for running and maintainance of Community Goddess temple and a hostel for the welfare of students of the Arya Vaishya Community.  As its purpose is charitable one, the complainant is not its Consumer within the meaning of C.P.Act and hence the complaint is liable to be dismissed.  

9.       He further argued that all the deposite amounts have been refunded to the complainant after appropriating necessary charges therefrom. However, the funds raised by way of donations are non refundable and can not be refunded. Hence there is no negligence or deficiency on the part of OP trust and the complaint being fictitious one and it has been filed with an intention to drag the OP trust into litigation, is liable to be dismissed by levying heavy cost on the complainant.   

10. We have gone through the complaint, written versions filed by OP No.1 and OP Nos.2 & 3, affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                                     Finding

1. Whether the complainant is a Consumer ?                                             Yes

2.  Whether  there is deficiency in service on the part of OP ?           No

3.  What order ?                                                                                       As per final order..

                        REASONING

As to issue No.1

11.      The complainant has filed on record the hall booking receipts. The complainant has paid extra amount as per commercial rate for extra hours of booking. Therefore, the complainant received partly services on payment basis as a general person. Hence the complainant is a consumer within the meaning of Section 2(1)(d) and the services as promised are the services within the meaning of section 2(1)(d)(ii) of CP act. and hence the issue is decided accordingly.

As to issue No.2

12.        We have perused the hall booking agreement entered into by both the parties. It also bears the signature of complainant. As per Condition No.12 of the terms and conditions of booking agreement, if the hall is used for extra hours, then a charge of Rs.3000/- would be levied for every extra hour by way of donation and as the complainant used the hall for 4 extra hours over and above the free hours, Rs.12,000/- were raised from him as donation as per terms of the agreement vide receipt No.214.  The complainant also paid Rs.19,000/- vide receipt No.129 on 22/1/2018 towards donation for furniture, fixtures and equipments, and further total Rs.12,000/- towards donation for building fund vide receipt Nos.239 & 628 dated 22/1/2018 which is also non refundable.  

The dictionary meaning of the word “Donation” as per Oxford Dictionary is,

    “Something that is given to a person or an organization such as a charity, in order to help them; the act of giving something in this way, is donation”

Hon’ble Supreme Court in its judgment delivered in the matter of Commissioner of Income Tax Vs.Hindustan Dorr Oliver Ltd. on 23 August,1993, has described the meaning of the word “Donation” in the following words..

      “When a person gives money to another without any material return, he donates the sum. An act by which the owner of a thing voluntarily transfers the title and possssion of the same from himself to another, without any consideration, is a donation”.

13.      Hence the donations are made voluntarily as a good gesture by way of charity to help someone without any consideration. Obviously, the funds raised by way of donations are non refundable. Hence the claim of the complainant for refund of money paid by him towards donations is baseless and unwarranted one.

14.      From the receipts filed on record and from the pleadings of the complainant himself, the complainant has paid Rs.5000/- each for Catering & decoration purpose. But as the complainant cancelled both, a refund of Rs.4,500/- each was made by the OP trust after deducting Rs.500/- on each count towards cleaning charges vide receipt Nos.1222 & 1228. The complainant had deposited a security deposit amount of Rs.20,000/- on 22/1/2018 and after deducting electric consumption charges of Rs.8115/- for 541 units and cleaning charges of Rs.1,500/- therefrom, the balance amount of Rs.10,385/- was refunded to the complainant vide cheque No.064999 dated 20/6/2018. So all the deposite amounts have been refunded to the complainant after appropriating necessary charges therefrom and there is no evidence of excess recovery .

          In view of these facts, we dont see any negligence or deficiency in service on the part of OP trust. On the contrary, the complainant has filed this false complaint without any evidence with an ulterior motive of dragging the OP trust into unnecessary litigation. Hence the complaint deserves to be dismissed by leavying a compensatory cost on the complainant to be paid to the OP trust.

As to issue No.3

        In furtherance of our observations as above we pass the following order..

Final order

1. The Complaint is dismissed with a cost of Rs.10,000/- to be paid by the

   complainant to the OP trust U/s 26 of the C.P.Act for filing a false and

   vexatious complaint. 

2.  Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                    Member                                  President