JYOTIPRASAD RAMANAND SHARMA Vs. OMPRAKASH AGRAWAL

JUDGEMENT

(1.) Both these appeals arise from order dated 1st May, 2001 rendered by the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No.1374/1998. Appeal No.683/2001 has been filed by the original complainant and Appeal No.889/2002 has been filed by the original opponent.

(2.) Impugned order would read as under : "the opponent is hereby directed to refund the unpaid booking amount of Rs.5,600/- to the complainant without interest and further the opponent is directed to pay Rs.500/- for cost of this litigation to the complainant. The opponent is directed to comply with this order within 30 days from the date of receipt of copy of this order. "

(3.) It was the complainant's case that he had booked a hall belonging to the opponent Trust managed by the opponent Shri Omprakash Agrawal, for the marriage of his daughter to be solemnized on 21st November, 1997. He paid the charges in all Rs.11,200/- well in advance on 9.8.1997. For the reasons set out in the complaint he was required to have the booking of the hall cancelled. He accordingly applied to the opponent on 20.10.1997. The complainant asked for full refund of Rs.11,200/-. It was his case that while booking the hall no rules and regulations were shown to him. He had no occasion to agree to any of the rules and regulations which the opponent later on referred to. Yet, the opponent allotted the hall for marriage on the same date i. e. , 21.11.1997 to one Mr. C. B. Pandey for the marriage of his son and, therefore, there was no loss to the opponent. Upon repeated request the opponent paid Rs.5,600/- to the complainant. He was called for the refund of the balance amount after a fortnight. When he went to collect the balance amount on 31.12.1997, the opponent refused to pay any amount. It was the complainant's case that the opponent's say that the amount of Rs.5,600/- which was received by him was in full and final settlement was not true and the endorsement made on his cancellation letter indicating such payment was not made by him. The complainant, therefore, approached the learned Forum claiming for the balance amount from the opponent by filing the aforesaid complaint. He also prayed for interest at the rate of 18 per cent per annum.