Banquet bookings
priyanka
(Querist) 01 February 2015
This query is : Resolved
I had booked a banquet hall for 4th october, 2014 with the advance payment of 20,000 rs. When I had booked, my foot was already fractured and was in plaster cast and had been so for over a month, so I was hoping that my foot would be fine by the time date comes. However, it did not happen. SO, eventually I cancelled the date.
As far as I remember I had cancelled the date with at least one week in advance. (This time could even be more, but for this I will have to check my account details, as I had made the payment). when I cancelled the date and postponed it for 14th Feb, he asked me to pay 30,000 more, which I paid without any argument.
However, due to various reasons and my foot, I cancelled this date with 70 days in advance, so that this time, no loss is incurred by him.
The original bill made was for 1 lakh 35 thousand for 300 people. and out of this total amount, I have already paid him 50,000 Rs. However, he says that if he does not find booking for 14th February, I would have to pay him 60-70% of the amount, which obviously means that he will not be refunding any amount and I will only have to pay him more.
The first bill he gave me had nothing mentioned on it except that no amount will be refunded. However, the second bill for the 30,000 rs which I had paid him, mentioned that if the date is cancelled the client will have to pay 50% of the total amount. (this bill was given to me on the day I cancelled the date) I asked him for a rule book as well, to which he replied, that he does not have it and it is only now that banquet halls have started registering themselves.
So, the total loss amount is 50,000 Rs and it could be 94,000 if I have to pay him 70% of the amount for something which did not happen at all.
I would really like to confirm the validity of my complaint:
1) Taking into consideration it could be only a week before which I postponed the date to 14th February, am I even in a position to ask for a refund?
2) Am I supposed to pay him more money since I have already paid him 50,000, which amount to 37% of the payment?
3) Can the banquet hall owner file a criminal or civil law suit against me?
4) If yes, what can i Do to avoid it?
Devajyoti Barman
(Expert) 01 February 2015
to resolve such disputes one has to rely on the terms of the booking.
Generally 70 days of notice is enough to evade any cancellation charge.
prabhakar singh
(Expert) 01 February 2015
There can not be lodgement of any criminal case by any of you.
A civil case may legally come forward but that would also not come on his behalf as he is already sitting on handsome earnest paid by you.
In case you file a suit for refund,he would need to prove actual damages caused to him due to cancellation of booking by and if his so proved damages exceed your earnest,court shall not grant you decree of refund but in cases damages proved by him are below your earnest,the difference would be ordered to be refunded to you.
Rajendra K Goyal
(Expert) 01 February 2015
All the terms of agreement (booking and cancellation) need to be referred. Consult local lawyer.
priyanka
(Querist) 08 February 2015
Thank you everyone fr your kindness.
However one last question. I am not interested in any refund if dat solves my problem however the owner is asking me to pay more money. Which I really feel he is trying to dupe me for. What options do I have since talking to him in a civilsed manner is not helping. Do I have an option for going to the consumer court??
