Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) has directed the proprietor of a wedding hall to pay Rs 1.10 lakh to a person who cancelled the hall after booking two years ago.
The petitioner N.J. Annamalai, Nungambakkam, submitted that on April 2, 2014 he booked Kailash Shree Mahal to perform reception and wedding of his son A. Arunkumar in August 2014. He also issued a cheque for Rs 1,34,832 for the hall service and service tax. As insisted, he also paid Rs 80,000 in cash for pandal, flower decorations for which no receipt was issued. Two days after booking, due to unavoidable circumstances, he cancelled the booking and he gave a letter seeking refund of the cheque and also cash.
However, the management refused and issued a reply requesting Annamalai to re-book the hall within two months. As there was no scope for him to reuse the hall, he issued stop payment instruction to the bank and accordingly the cheque was returned.
Later, the management again requested him to pay the returned cheque amount and to re-book the hall. He met the management several times and requested them to refund Rs 80,000. As there was no response, he filed the present complaint.
In its reply, the management denied it demanded Rs 80,000 for pandal and flower decorations. As per the agreement/ contract, the sum paid as rent and service tax will not be refunded in case of cancellation of booking. The petitioner has an option to re-book the hall in two months from the date of cancellation of booking subject to availability and he had been specifically advised to re-book in two months. After canceling the hall, he conducted his son’s marriage at another hall, which caused loss to the management.
The Bench comprising its president K. Jayabalan and member T. Kalaiyarasi said the management had not filed proof affidavit and hence for non filing of proof affidavit it was set ex-parte.
Therefore, there was no contra evidence on behalf of the hall and evidence of the complainant should be accepted. The bench directed the hall to refund Rs 80,000, pay compensation of Rs 25,000 for causing mental agony and costs of Rs 5,000 to the complainant in six weeks.
