Khandwa (Madhya Pradesh): In a ground breaking decision, the Consumer Forum in Khandwa ordered a marriage garden owner to refund the consumer's booking amount after a wedding celebration was cancelled owing to the second wave of COVID-19.
In fact, applicant Yogesh Mahajan, a resident of Gautam Nagar in Khandwa had booked the marriage garden – Anand Complex for his own wedding ceremony scheduled on April 30, 2021. He paid Rs 75k in advance, but thereafter a sudden lockdown was clamped into the town owing to increasing numbers of COVID cases.
The event was cancelled amidst administrative strictness and when Mahajan asked the marriage garden owner to refund his amount. On which the later denied. Failing to get his money back, Mahajan took Consumer Forum’s help and got a verdict in his favour. Mahajan informed that he took Anand Complex for one-day for his own wedding ceremony on rent for Rs 1.25 lakh.
At the time of booking, he paid Rs 75k in advance on December 18, 2020, Rs 37.5k by cheque, Rs 20k in cash and the remaining Rs 17.5k through online transaction. It was mutually decided that the remaining Rs 50k will be paid two-days ahead of the wedding ceremony.
Meanwhile, Anand Complex’s manager gave a receipt of only Rs 37.5k, while the remaining amount of Rs 37.5k was mentioned on the back side of the receipt.
The date of marriage was fixed on April 30, 2021, but 11 days ahead, lockdown was clamped in the town on April 19, 2021 forcing him to cancel his marriage. Later, he got permission to solemnise his wedding, with riders.
After marriage, when Mahajan asked Anand Complex manager to refund his amount, he refused. Then the applicant filed the petition before the District Consumer Forum through advocate Devendra Singh Yadav.
During the trial of the case, Anand Complex returned the amount of Rs 37.5k, but the remaining RS 37.5k were not returned. During the hearing, District Consumer Disputes Redressal Commission chairman JP Singh and member Anjali Jain, while accepting the petitioner's plea, directed the owner-operator of Anand Complex to pay the remaining dues of Rs 37.5k to the applicant within a period of 30 days. The commission also directed the owner-operator to pay Rs 1500 additional to the petitioner as compensation for causing mental trauma.
