IMPORTANT POINT
When the booking amount was not refundable, its forfeature could not be deficiency in service.

S.C. Vyas, President—This order will govern disposal of appeal No. 926/08 preferred by the complainant and appeal No. 02/09 preferred by the OPs of complaint case No. 179/08, against order dated 02.12.08 passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called “District Forum” for short), directing the OPs to pay 50% of the deposited amount to the complainant within two months from the date of order, otherwise to pay this amount along with interest @ 7% p.a. from the date of order till the date of payment. Both parties felt aggrieved by this order and have come up before us by way of separate appeals. For the purpose of convenience, hereinafter the appellant of appellant No. 926/08 will be referred as complainant and that of appeal No. 02/09 will be referred as OPs.

2. Briefly stated the facts of the case are that a marriage ceremony was to be held in family of the complainant on 27.04.08. For that purpose marriage hall of the OPs. was booked for one day. Charges of Rs. 30,000/- were paid, but on 17.04.08, cousin of the complainant, all of a sudden, died accidentally by drowning and the marriage ceremony had to be cancelled. The marriage house was immediately informed and booking amount was demanded back. On refusal of the OPs, complainant came before the District Forum.

3. OPs in their reply averred that no prior intimation for cancellation of booking of marriage house was given to the OPs and the house was kept vacate for ceremony of the complainant. As per terms of agreement between the parties, the booking amount was not refundable. Thus in refusing, refund of the booking amount, no deficiency in service has been committed.

4. Learned District Forum after having considered the material placed before it, awarded 50% of the booking amount to the complainant.

5. We have heard arguments of both parties and perused the record of the District Forum.

6. The main contention raised by learned counsel for the OPs is that as per terms printed overleaf the receipt, the booking amount was not refundable unless intimation of cancellation of booking is given at least 15 days prior to the date of booking and even in that instance the entire amount cannot be refunded. It has been submitted that as per terms printed on receipt of marriage house of the OPs, in any case the amount is not refundable.

7. We find that no such printed receipt was given to the complainant by the OPs. Document Ex. P1, is the deposit receipt and on overleaf of this document no such terms are printed. Simply there is an impression of seal in which it has been written that “no money will be refunded in case of cancellation”, but we find that if unilaterally this term has been either printed or impression of seal has been made then it cannot be said binding on the person who booked the marriage house and not refunding money in any case is an act of arbitrariness, which cannot be approved. The incident of death of family member is such an incident which was beyond control of the complainant and if the entire program was to be cancelled on account of sad demise of brother of the complainant and the program was cancelled, then at least 50% of the deposited amount is required to be refunded to the complainant. We find that in terms and conditions of few other such marriage houses, there is a term that if intimation is given before 15 days from the booking date, then 50% of the amount can be refunded. Such term is in respect of Shri Mohanlal Bakliwal Smriti Bhawan, copy of which has been produced as Ex. D8.

8. Learned counsel for the complainant submitted that the complainant has suffered mental agony and therefore some amount should have been awarded by the District Forum, by way of compensation. It has also been submitted that whole booking amount should have been awarded. We find no substance in this argument. If the OPs initially had refused to refund any amount on account of terms printed on the receipt or as per the impression of seal on the