Complaint filed on: 27-02-2020 Disposed on: 04-02-2022 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU CC.No.13/2020 DATED THIS THE 4th DAY OF FEBRUARY, 2022 PRESENT SRI.KUMARA.N, B.Sc., L.L.B, PRESIDENT (I/c) SMT.NIVEDITA RAVISH, B.A., L.L.B. (Spl) LADY MEMBER Complainant: - Sri.Honnappa.N.K S/o late Kempaiah, Aged about 50 years, Madhushri Nilaya, Krishnanagar, 4th Cross, Baddihalli main road, Tumakuru (By Sri.Ramesha.S, Advocate) V/s Opposite party:- The Manager/Proprietor, RTP Convention Center, (Akshaya A/c hall) Beside Shettihalli Anjaneya Swamy temple, N.H.206, Tumakuru (By Sri.B.L.Chandrashekhar, Advocate) ORDER SRI.KUMAR.N, PRESIDENT (I/c) This complaint has filed under Section 12 of the Consumer Protection Act, 1986 to direct the opposite party (hereinafter called as OP) to refund the advance amount of Rs.50,000-00 or Rs.1,00,000-00 as a damage/loss caused to the complainant due to deficiency of service of OP. 2. It is the case of complainant that the complainant has approached the OP for rent of RTP Convention Centre (Akshaya A/c hall) for his daughter’s marriage. The OP has agreed to lease the premises for rent for two days i.e. 20-11-2019 and 21-11-2019 and rent amount of Rs.1,70,000-00 after exempted of Rs.10,000-00. The complainant has agreed and paid advance amount of Rs.50,000-00 on 10-7-2019 and the OP has stated the terms of condition for use of the RTP convention center (Akshaya A/c hall) premises utilization based on rent and also extra charges for electricity. The complainant further submitted that the advance amount of Rs.50,000-00 which is refundable after completion of program and return the possession to the OP. After marriage ceremony was concluded on 20-11-2019 and 21-11-2019, the complainant has approached the OP for refund of advance amount of Rs.50,000-00. While returning the advance amount, the OP has deducted the amount of Rs.9,450-00 for consumption of electricity of 21 units and Rs.11,970-00 for gas cylinder charge at the rate of Rs.1,330-00 per cylinder and 9 gas cylinder were utilized. Apart from the said charges, the OP has deducted rent amount of Rs.2,700-00 for three rooms and cleaning and garbage charge amount of Rs.5,250-00. After deducting the above said amount, the OP has returned Rs.19,000-00 out of total advance amount of Rs.50,000-00 on 21-11-2019. The extra charges collecting from the complainant is illegal, same is unfair trade practice and the said extra charges are not fall within the terms of the conditions. Therefore, the complainant has approached the OP to refund the advance amount after deducting legal charges. The OP has acted adamantly and also refused to give the proper receipts of the charges. Hence, the OP has committed unfair trade practice and also deficiency of service. The complainant further submitted that the complainant and his family members are the income tax assesses. However the complainant approached the OP to issue actual expenditure. Thereafter the complainant has stepped up the OP office for many times, but the OP never acted accordance with law. However the complainant noticed that the OP have committed illegal act and unfair trade practice. On 6-1-2020 the complainant has issued legal notice through his counsel, after receiving the notice, the OP has not replied to the notice. Hence, this complaint. 3. After service of the notice, the OP has appeared through its learned counsel and filed objections admitting that the complainant has approached the OP for rent of RTP convention center for his daughter’s marriage and agreed to lease the premises for two days i.e. 20-11-2019 and 21-11-2019 for rent of Rs.1,70,000-00 after exempted of Rs.10,000-00 and paid advance amount of Rs.50,000-00 on 10-7-2019. The OP has explained the terms and conditions of RTP convention center utilization to the complainant, i.e. out of Rs.1,70,000-00, Rs.80,000-00 towards rent (Rs.10,000-00 exempted from the rent amount) remaining amount towards out sources facility charges. The complainant understood the terms and conditions explained by the OP, the complainant has paid advance amount of Rs.50,000-00 and agreed to pay separate charges towards electricity, gas room rent etc. for which Rs.50,000-00 advance amount was paid on 10-7-2019. The OP further submitted that advance amount of Rs.50,000-00 refundable was false, as the complainant stated. Further the OP stated that the advance amount of Rs.50,000-00 was received only for electricity charges, room rent, cooking gas and any damages occurred during the function. The complainant has agreed to give electricity charges as per meter reading and usage of gas cylinders charges and also agreed to give extra for security charges and extra for rooms if taken for rent and to pay extra clearing charges etc. Only for the above said purpose the complainant had paid advance amount of Rs.50,000-00 and as per the agreement any extra charges occurred as stated above would be deducted from the advance amount of Rs.50,000-00. Further the OP admitted that he had refunded Rs.19,000-00 to the complainant after deducting the extra charges as per the bills for which receipts were given to the complainant. The OP further admitted that the OP has deducted the charges of Rs.9,450-00 towards electricity charges (21 kilo watts and maintenance, technician charges), Rs.11,970-00 towards gas charges at the rate of Rs.1,330-00 per cylinder (for nine cylinder), Rs.4,200-00 for extra rooms (Rs.1,200-00 for room and Rs.1,500-00 for two suit rooms and Rs.5,250-00 extra cleaning and garbage. The OP further stated as other averments made in the complaint are false and baseless allegations. The complainant and his family members are the income tax assesses are not within the knowledge of the OP. The complainant has received all the receipts for the entire spent amount. The claim of the complainant is unjust and not maintainable and OP is not liable to refund the advance amount of Rs.50,000-00. The complaint is not maintainable either in law or on facts and this Hon’ble Commission is not having jurisdiction to deal with this complaint; hence the OP has prayed to dismiss the complaint with cost. 4. The Complainant has filed affidavit in lieu evidence and produced documents Ex.C1 to C6. On behalf of OP one Dr.T.S.Raju has filed affidavit in lieu evidence and produced documents Ex.R1 to R16. Complainant counsel has not advanced arguments inspite of granting sufficient time. 5. We have heard the arguments. In addition to the OP has filed written arguments and the points that would arise for determinations are as under: 1) Whether the complainant proves deficiency in service by the OP? 2) Is complainant entitled to the reliefs sought for? 6. Our findings on the aforesaid points are as follows: Point No.1: In the negative Point No.2: In negative as per final order for the Below; REASONS 7. Point No.1 and 2: The complainant counsel submits that the OP has not returned the advance amount of Rs.50,000-00, and not give n receipts of rent and other expenditure bills. To prove the case, the complainant has produced Ex.C1 which was copy of legal notice, Ex.C2 and Ex.3 were postal receipt and postal acknowledgement which proves that the said notice served to the OP. Ex.CP4 copy of receipt given by the OP for Rs.80,000-00, Ex.C5 and C6 were copy of details of expenditure statement. 8. As against this the OP has produced Ex.R1 and R2 which were undertaking given by complainant to the OP regarding usage of RTP Convention hall booked by the complainant for two days. i.e. 20-11-2019 and 21-11-2019 and terms and conditions of RTP Convention Center usage. Ex.R4 to R16 were the receipts/cash bills/vouchers of expenditure given by the OP to complainant, which proves that the OP has given service to the complainant as per the terms and conditions of RTP Convention Center and settled the account. The complainant has failed to prove that the OP has collected advance amount of Rs.50,000-00 which was refundable amount wherein the OP proves that Rs.50,000-00 collected as advance towards the said Convention Hall additional usages/separate charges as agreed by the complainant i.e. actual electricity, gas cylinder, additional rooms, cleaning charges etc. For which the OP has given receipts to the complainant and returned Rs.19,000-00 to the complainant by deducting actual usage of actual electricity, gas cylinder, additional rooms, cleaning charges etc., of Rs.31,000-00. The complainant has also not produced any believable material evidence that there is a deficiency of service on the part of OP. Hence, under these circumstances as discussed above the complainant is not entitled for any relief as prayed by the complaint. Accordingly we proceed to pass the following: ORDER The complaint is dismissed without costs. Furnish the copy of order to the complainant and opposite party at free of cost. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 4th day of February, 2022). LADY MEMBER PRESIDENT (I/c)