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UNION TERRITORY CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice J.B. Garg, President; Mr. Sada Nand &
Mrs. P. Ojha, Members
RAMGARHIA BHAWAN—Appellant
versus
RAVATI RAMAN VERMA—Respondent
Appeal Case No. 148 of 1997—Decided on 10.2.1998
Counsel for the Parties :
For the Appellant :Mr. R.S. Raji, Advocate.
For the Respondent:Mr. Dinesh Kumar, Advocate.
The timing of cancellation and the absence of monetary loss influenced the court's decision on the refund.
Headnote:
Refund - Booking Cancellation - The court held that the complainant was entitled to a refund of the entire sum of rent as the cancellation of the function and booking was conveyed about 7 weeks earlier. The court also found that the premises were utilized by another person for the same dates, and there was no monetary loss suffered by the appellant.
Fact of the Case:
The appellant booked a venue for a marriage, but due to a death in the family, the marriage was cancelled and a request for cancellation of the booking was made. The venue refunded only 50% of the rent amount, leading to a complaint.
Finding of the Court:
The court found that the cancellation was intimated about 7 weeks earlier and that the premises were utilized by another person for the same dates, with no monetary loss suffered by the appellant. The adverse observations against the appellant were also deleted.
Issues: Dispute over refund of rent for a cancelled booking and allegations of unfair trade practice by the venue manager.
Ratio Decidendi: The court's decision was based on the timing of the cancellation, the utilization of the premises by another person, and the absence of monetary loss suffered by the appellant.
Final Decision: The appeal was dismissed, and the adverse observations against the appellant were deleted.
Mr. Justice J.B. Garg, President — Shri Ravati Raman Verma, a resident of Chandigarh, booked Ramgarhia Bhawan for marriage of his daughter for the period l0.12.1994 to l3.12.1994. The booking was made on 10.6.1994 on payment of Rs. 500/- as security and a further sum of Rs- 3,990/- as rent. A few days thereafter, brother of Mr. Verma died and the marriage was postponed indefinitely. A request for cancellation of the booking was made on 28.7.1994. The Manager of Ramgarhia Bhawan refunded the security but only 50% of the rent amounting to Rs. 1,990/-. A complaint was instituted and the District Forum, Chandigarh on 5.5.1997 held that since intimation regarding cancellation of the function and booking was conveyed about 7 weeks earlier, the complainant was entitled to refund of the entire sum of Rs. 3,990/-. Aggrieved against it, the present appeal has been attempted.
2. In this case, the facts are not disputed. The booking was made on 10.6.1994 in respect of a marriage which was to take place six months later on 10.12.1994. On account of death of a close relation, cancellation of the marriage was intimated to the Manager of Ramgarhia Bhawan on 28.7.1994. Besides this, it has also been verified that the premises were actually utilised by some other person for the aforesaid dates of December, 1994 on payment. It was not a case that the premises remained unoccupied or that the appellant suffered monetary loss. In view of these circumstances, there is no good ground for interference.
3. The learned Counsel for the appellant has drawn our attention to an observation made in the judgment that the Manager of Ramgarhia Bhawan indulged in unfair trade practice. Shri R.S. Raji, Advocate, has pointed out that the appellant only adopted old practice of forfeiting the rental charges deposited as a kind of check on frivolous booking. Keeping in view this contention, it is ordered that the adverse observations against the appellant in para 7 of the judgment stand deleted. The conclusion is that the appeal though instituted after expiry of the usual time of limitation and has been entertained in the interest of justice, yet it fails and stands dismissed.
Appeal dismissed.
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