BENGALURU: In cases of inability to carry out wedding events at halls or kalyana mantapas due to Covid-19 restrictions, hall/mantapa representatives are liable to refund the advance money paid by customers after deducting 5% as tax, a Bengaluru consumer court ruled.
It made the observation after hearing the case pertaining to a man who had paid Rs 2 lakh to book a hall in the city for his daughter’s wedding. The event, however, couldn’t be conducted due to the night curfew in force in June 2021.
The court ordered that the hall owner refund the man the advance amount and also pay a compensation of Rs 5,000 for causing him trouble.
HT Ravikumar, 67, of Uttarahalli had planned his daughter’s wedding over two days — June 30 and July 1 last year — and booked the New Venkatadri Kalyana Mantapa on 100 Feet Ring Road in Kathriguppe, Banashankari 3rd Stage on February 22, 2021. He paid an advance amount of Rs 2 lakh towards the total fee of Rs 3.7 lakh.
But the Covid situation escalated in Bengaluru, leading to the government introducing lockdowns and night curfews. With night curfew in force during the scheduled dates and also restrictions on people congregating as part of the safety guidelines, Ravikumar was forced to cancel the booking for the marriage hall. He had opted for the hall in anticipation of nearly 1,000 guests.
Despite giving a cancellation letter to the manager of the kalyana mantapa as requested, Ravikumar didn’t get a favourable response and was forced to run around for the refund. With no respite in sight, Ravikumar approached the Bengaluru Urban district consumer disputes redressal commission in Shantinagar with a compliant against the mantapa in September 2021.
In the litigation that commenced, Ravikumar’s lawyer presented his case. The attorney representing New Venkatadri Kalyana Mantapa claimed that the opposite party (kalyana mantapa) had suffered losses after making arrangement for the wedding and that the customer had signed an agreement that ruled out refund in case of cancellation. The lawyer further claimed that the customer was harassing them for a refund despite the clause.
In their verdict pronounced on May 26, 2022, the judges of the consumer forum asked for the document signed by the customer agreeing to ‘no refund’ in case of cancellation (as they had failed to produce it in court). The judge further noted that a government order issued during the Covid crisis clearly noted that places like marriage halls, where events got cancelled due to Covid restrictions, must refund the rent paid by customers after deducting 5% as tax and in this case, Ravikumar is eligible for refund. By not granting it, the mantapa manager was at fault, they observed.
Rs 5,000 for trauma caused
The judges ruled that the manager of New Venkatadri Kalyana Mantapa must refund Rs 1.9 lakh to the senior citizen with interest after deducting 5% per cent and pay him an additional Rs 5,000 for causing mental trauma.
