SURINDER KUMAR Vs. BABA MAKHAN SHAH LOBANA FOUNDATION

JUDGEMENT

(1.) this is an appeal filed against order dated 4.9.2003 passed by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.1016 of 2002, Surinder Kumar V/s. Baba Makhan Shah Lobana Foundation, Chandigarh.

(2.) The complainant who is the appellant before us got booking of Baba Makhan Shah Lobana Foundation Hall for celebration of reception on the eve of marriage of his son. The date for which the booking was got done was 10.12.2001. The appellant paid a sum of Rs.10,000/- in cash as an advance for booking purposes against receipt (Annexure C-1) dated 29.8.2001. The appellant, somehow, decided to cancel the booking as his mother was ill and sent a letter in this regard in the month of October 2001. The appellant also sought refund of the advance amount of Rs.10,000/- which was, however, declined by the respondent on the ground that Condition No.11 of the terms and conditions of booking did not permit the refund of the advance money in case the booking was got cancelled.

(3.) The respondent, on the other hand, permitted the appellant to use the hall against earlier booking up to 31.1.2003 but the appellant requested for the refund of the amount as he did not require the hall for the purpose aforesaid. Since the respondent failed to refund the advance amount, the complaint was filed seeking refund of the advance amount of Rs.10,000/-.