LAWS(NCD)-2015-2-82

SHIV BEHARI SHARMA Vs. SURAJ PRAKASH AGRAWAL

Decided On February 27, 2015
SHIV BEHARI SHARMA Appellant
V/S
Suraj Prakash Agrawal Respondents

JUDGEMENT

(1.) RP 2413 of 2014 and RP 2414 of 2014 have been filed by Shri Shiv Behari Sharma against two orders of Rajasthan State Consumer Disputes, in Appeal No.145 of 2014 and the Appeal No.146 of 2014 respectively. While both appeals had arisen out of two separate complaints before the District Forum, the consumer dispute had arisen out of the same event. Marriage of son of one Complainant to the daughter of other had been fixed for 28.5.2011. For this purpose, bookings in the resort of the RP/OP were done for two days and booking amount of Rs.5 lakhs was paid in one case and Rs.2 lakhs in other. On 26.5.2011 the brother of one of the Complainants passed away. Due to this, the marriage ceremony had to be postponed. Consequently the two bookings in the resort for 27.5.2011 and 28.5.2011 were terminated by the Complainants.

(2.) HAVING failed to obtain refund of the booking amounts, two consumer complaints were filed before the District Forum, seeking refund with interest, compensation and cost. The District Forum allowed refund with 12% interest, Rs.5000/ - as compensation and Rs.1,500/ - as litigation cost, in each case. Appeals against the same were dismissed by the State Commission in the two impugned orders. However, as the two revision petitions arise from the same set of facts and circumstances, they are taken up together for disposal through this common order.

(3.) THE records of the two revision petitions have been carefully perused. Mr. Saransh Ghiya, counsel for the Petitioner and Mr. Rajesh Ranjan, counsel for the Respondents have been heard.