Refund of money during covid-19 lockdown period for 21. days

RAJESh TRIVEDI (Querist) 05 April 2020 This query is : Resolved
Sir I have paid deposit and banquet hall rent for my daughter's marriage in may -2020 when I inquired about refund of my deposit and banquet hall rent they said we are charitable trust and can refund only deposit amount and not banquet hall rent amount, we have signed the form indicating no refund will be given by trust on cancellation. This cancellation of booking is due to Pandemic declared by WHO followed by government of India to lockdown country for 21 days to keep social distancing .. so what to do? Since amount given is quite big around 3 lakhs

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A user paid a deposit and rent for a wedding hall in May 2020, but is now seeking a refund due to the COVID-19 lockdown. The venue, a charitable trust, claims they can only refund the deposit, not the hall rent, citing a signed form indicating no refunds on cancellation. Experts advise that the claim might be premature as the lockdown currently ends before the booking date. However, if the lockdown is extended, or if the cancellation is due to circumstances beyond control, legal steps for recovery or postponement might be possible. It's suggested to officially cancel and issue a demand notice for the refund, especially if the lockdown extends.

Raj Kumar Makkad (Expert) 05 April 2020
As the Government has declared lock-down only upto 14th day of April as of now and your booking is for the month of May 2020 so as on day, there is no valid reason for the cancellation of booking from your side and to demand the refund on that ground, however, it is expected that the lock-down may be got extended and accordingly, you may also come in the safer side and then you may demand the refund citing the Govt. orders.

Advocate Suneel Moudgil (Expert) 06 April 2020
since you are intimating them well in advance about the cancellation and the reason for the cancellation is beyond your control, consequently, as per my opinion you can take legal steps for recovery of the advance amount paid,

P. Venu (Expert) 06 April 2020
Non-refund condition does not hold good in the present trying times. You are entitled to get refund or to get the booking postponed to a future date, depending upon mutual convenience.

Rajendra K Goyal (Expert) 06 April 2020
Lockdown has not been extended till May at present, Your request at this stage can be treated as for normal cancellation under agreed terms.

KISHAN DUTT KALASKAR (Expert) 06 April 2020
Dear Sir,
Your request is premature.

Dr J C Vashista (Expert) 07 April 2020
Did you cancel the booking writing?
If not, cancel and issue demand notice for refund of the amount deposited.

adv. rajeev ( rajoo ) (Expert) 08 April 2020
I do agree with Dr. J.C. Vashista. Lock Down may extended after April 14th because corona is spreading, who knows lock down will not extend up to May. So do as Dr. J C Vashista Said informing that because of threat of corona virus cancelling the marriage which is fixed in the montha of May 2020

T. Kalaiselvan, Advocate (Expert) 08 April 2020
You may wait for the dust of the current situation settle down.
It is too early for you to claim refund in view of the period of the current lock down which is officially ending on 14th April.
You may wait for the government order of extending the lock down after which, if the lock down is extended beyond the date of your proposed function, then you can legally claim refund.
Thus it appears to be a pre-mature claim as on this date.

Raj Kumar Makkad (Expert) 08 April 2020
As the author has already cancelled without waiting for 14th April or the month of May 2020 without caring for the settled terms, under which law, he can claim for the refund of the advance, has not been addressed by the experts.

T. Kalaiselvan, Advocate (Expert) 08 April 2020
The author will not realise his mistake but will insist seeking some or the other loophole in law to quench his current thirst.
No doubt he has given a heavy amount towrds the booking of the hall, but what was the hurry that he cancelled the booking and moreover without understanding the law involved in cancellation despite being printed in the receipt he is insisting on refund.
Hence he was advised to refrain from taking any legal action at least till the current situation improves.

Rajendra K Goyal (Expert) 09 April 2020
Whether marriage has been postponed, if yes to which future date?
Whether have you cancelled the booking already?

If the marriage hall is not ready to cancel, have you inquired about the scope to postpone it for future date on same terms?

If already have cancelled the booking, entitled for refund as per booking terms.

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