IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 03.10.2023 Date of Hearing: 18.12.2024 Date of Decision: 07.02.2025 FIRST APPEAL NO.- 513/2023 IN THE MATTER OF THE COUNTRY INN & SUITES BY RADISSON, THROUGH ITS DIRECTOR, 64/6, SITE-IV, SAHIBABAD, GHAZIABAD, UTTAR PRADESH.

(Through: Mr. Manoj Ranjan Sinha, Advocate)

…Appellant VERSUS MR. PRASHAST SAGAR RUSTAGI, E-54, 3RD FLOOR, PREET VIHAR, DELHI-110092.

(Through: Mr. Ravinder Kumar, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR. J. P. AGRAWAL, MEMBER (GENERAL)

Present: Mr. Manoj Ranjan Sinha, counsel for the appellant, E-mail:

manojrsinha@gmail.com.

Mr. Ravinder Kumar, counsel for the respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The Complainant has alleged deficiency in service on the part of OP in not refunding the advance amount paid by him for booking the venue for his daughter’s marriage on 30.11.2020 i.e Royal Heritage Banquet and not providing changed venue i.e Imperial Hall for 10.12.2020 to which date the marriage was postponed due to COVID-19 and Complainant was constrained to perform the marriage of his daughter at a different Venue.

1. The Complainant had initially impleaded Magnum Venture Limited as OP2. On 11.02.2022 on the request of the Complainant, OP2 was dropped from the array of Parties and Notice was issued to OP1 i.e. The Country Inn & Suits only.

Therefore cause title of the judgment depicts only on OP.

2. The Complainant in his complaint has contended that he approached OP for booking Marriage Hall for the marriage of his daughter for 30.11.2020. He initially paid Rs.40,000/- and Rs.10,000/- on 22.07.2020 to the OP and thereafter he paid Rs.55,000/- on 17.08.2020 and Rs.1,75,000/- on 03.10.2020 thus totalling Rs.2,80,000/- has been paid to the OP & the name of the Hall which was booked, was ‘Imperial Hall’ at the venue of OP, which was the subsequently changed by the Complainant to ‘Royal Heritage Hall’ on 11.11.2020 in which the number of guests to be accommodated were 200 and the package was costing Rs.7,00,000/-.

3. On 17.11.2020 the Complainant’s daughter whose marriage was to be performed on 30.11.2020 got infected with COVID-19 and Complainant’s wife and Son also got infected on 22.11.2020. Later Complainant also got infected by COVID-19. His condition was serious and he was admitted in Apollo Hospital on 24.11.2020, from where he was discharged on 04.12.2020.

4. In the above circumstances the Complainant and his family decided to postpone the Wedding Ceremony of his daughter to a new date i.e. 10.12.2020 (after 11 days) and they requested OP by e-mail on 21.11.2020 to cancel the booking and refund Rs. 2,80,000/- i.e. booking amount but there was no reply from OP.

5. Later, son of the Complainant again approached OP through e-mail on 29.11.2020 but again there was no reply from OP. Subsequently, on account of the Government of Uttar Pradesh advisory, the total number of Guests for marriage functions purpose was restricted to maximum 100 only. There was further meeting of the Complainant and representative of the OP with the request to shift the venue of marriage ceremony to a smaller Hall i.e. Majestic Hall for total price consideration of Rs.3,50,000/- with the revised capacity or number Guests as 100. As per the Complainant, OP assured that Rs.2,80,000/- would be adjusted in the total price consideration of Rs.3,50,000/- for Majestic Hall and the Complainant had to pay only balance amount of Rs. 70,000/- and to this effect an e-mail dated 06.12.2020 was also sent by the Complainant to the OP. Marriage ceremony was to be performed on 10.12.2020.

6. On 07.12.2020 the Complainant received a message from the OP stating that the venue fixed previously i.e. Royal Heritage Hall has been approved with the total number of guests of 200 persons for Rs.7,00,000/-. On 07.12.2020 at 01:19 pm the C