AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 08/08/2024 Date of Final Hearing: 07/03/2025 Date of Pronouncement: 04/04/2025 APPEAL No.- FA/24/557 IN THE MATTER OF :

Vikas Kumar Gupta S/o. Shri Basant Kumar, R/o. Main road, Fingeshwar, Tah. Rajim Dist. Gariyaband (C.G.) … Complainant/ Appellant Through: Shri Suryakant Sharma, Advocate Vs.

Hotel Intercity International, Through: Surendra Singh Chhabra, Jagmal Chowk, Bilaspur, Tah. & Dist. Bilaspur (CG) … Opposite party/ Respondent Through: Shri Vibhakar Singh, Advocate.

CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Suryakant Sharma, Advocate for the appellant. Shri Vibhakar Singh, Advocate for the respondent.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal is filed against order dated 28.06.2024 passed by District Consumer Disputes Redressal Commission, Bilaspur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/2022/26, whereby the complaint was partly allowed with the directions that the opposite party/ respondent herein shall refund Rs.50,000/- (Fifty Thousand) i.e. half of the advance booking amount of received from the complainant/ appellant within 45 days failing which the opposite party/ respondent shall pay interest on the above amount @ 9% p.a. from the date of complaint 27.01.2022 till payment. The opposite party/ respondent was also directed to pay the complainant/ appellant within 45 days compensation for mental agony Rs.5,000/- (Five Thousand) and cost of litigation Rs.2,000/- (Two Thousand). Dissatisfied the complainant has come up before us for enhancement of award.

2. In nutshell the facts of the case are that the complainant/ appellant booked a hotel for his brother's wedding ceremony. He provided complete details to book the said hotel for Rs.4,91,000/- and gave an advance amount of Rs. 1,00,000/- to the opposite party/ respondent on 11.01.2021. On the wedding date, due to the Covid-19 pandemic, lockdown was imposed by the Government due to which the wedding could not take place on the scheduled date. When the lockdown ended, it was organized on 02.07.2021. For which the complainant/ appellant again contacted the opposite party/ respondent to get the hotel booked for wedding ceremony. But on 02.07.2021, the opposite party/ respondent did not provide the hotel booking to him, due to which the wedding had to be organized at another Hotel. As a result, the complainant/ appellant demanded the advance booking amount of Rs.1,00,000/- from the opposite party/ respondent, which they did not return. Hence the complaint was filed and appropriate relief was requested along with refund of entire booking amount with interest.

3. The opposite party/ respondent in its written version denied the allegations leveled in the complaint and averred that the hotel was booked for 125 persons to attend the wedding ceremony and an agreement was executed mentioning some mandatory conditions therein, which were not complied with by the complainant/ appellant knowingly and negligently due to which the opposite party/ respondent is yet to receive the remaining amount of Rs.3,91,000/- with interest. The complainant/ appellant has stated in the complaint that due to Covid-19 pandemic, the wedding date was postponed. The burden of proving that lockdown was imposed in Bilaspur at the time of the wedding is on the complainant. The complainant/ appellant did not give any oral or written information of any kind to the opposite party/ respondent about the postponement of the wedding, due to which the opposite party/ respondent had to bear financial loss as the hotel was kept vacant for the period of 21st and 22nd April 2021. During the lockdown period, as per rules of the Government, wedding could be solemnized by gathering 50 to 100 persons in the wedding ceremony. Due to the filing of the complaint, reputation of the opposite par