Daughter’s wedding cancelled due to Covid curbs; father wins Rs 2.11 lakh from hotel
The father initially paid Rs 2 lakh as an advance through a cheque and subsequently claimed to have paid another Rs 4.25 lakh in instalments, taking the total payment to Rs 6.25 lakh.
A Jaipur consumer commission has directed a hotel to refund Rs 2 lakh to a bride's father after he cancelled his daughter's wedding booking due to Covid-19 restrictions and the hotel refused to return the advance payment, The Indian Express reported. The commission held that the hotel was deficient in service for retaining the booking amount despite the extraordinary circumstances surrounding the cancellation and repeated requests for a refund.
It also ordered the hotel to pay Rs 11,000 towards compensation and litigation expenses, taking the total payout to Rs 2.11 lakh. According to The Indian Express, the Jaipur District Consumer Disputes Redressal Commission passed the order on October 9. President Devendra Mohan Mathur and member Pawan Kumar Bhardwaj observed that the cancellation was caused by the pandemic and government-imposed restrictions, rather than an ordinary personal decision.
"In the present case, the cancellation of the programme was not due to any ordinary personal reason but because of the COVID-19 pandemic and the statutory restrictions imposed by the government," IE quoted the commission as saying. It added that retaining the entire booking amount without a genuine and reasonable basis could not be justified. 70 lakh consumer case Father books hotel for Rs 12 lakh wedding arrangement According to The Indian Express, the complainant booked the hotel in December 2020 for his daughter's wedding, scheduled for April 29 and 30, 2021.
The hotel quoted Rs 12 lakh for the arrangements, which included 100 rooms for around 400 guests, breakfast, dinner and other facilities. The father initially paid Rs 2 lakh as an advance through a cheque and subsequently claimed to have paid another Rs 4.25 lakh in instalments, taking the total payment to Rs 6.25 lakh. Before making the booking, he said he had specifically enquired about Covid-related restrictions and whether the advance would be refunded if the event had to be cancelled.
According to his complaint, hotel staff assured him that the amount would be returned without any deduction. However, as Covid-19 cases surged in April 2021, the Rajasthan government imposed restrictions, including a lockdown in Jaipur from April 17. The father informed the hotel through email that the wedding could not be conducted as originally planned. He said he would instead hold the ceremony with only five people in accordance with the applicable Covid guidelines.
He subsequently cancelled the hotel booking and sought a refund of Rs 6.25 lakh. However, he alleged that the hotel failed to return the money despite repeated requests and assurances. Hotel disputes payment beyond Rs 2 lakh Before the commission, the hotel acknowledged receiving Rs 2 lakh from the complainant but disputed his claim that he had paid an additional Rs 4.25 lakh. The hotel also argued that it had incurred approximately Rs 5 lakh towards wedding arrangements.
However, the commission found that the hotel had not produced satisfactory documentary evidence establishing the nature and actual amount of the expenditure or explained how it had been adjusted against the money received. The commission also examined the Rajasthan government's April 14, 2021 order, which restricted attendance at wedding functions to 50 people between April 16 and May 31, 2021. Since the original booking was intended for a gathering of around 400 people, the restrictions made it impossible to conduct the event as planned.
98 lakh Commission rejects hotel's justification for retaining advance The commission observed that the cancellation was necessitated by circumstances beyond the complainant's control. It held that a contractual condition could not automatically entitle a hotel to retain a consumer's advance payment in every situation. "Merely mentioning a condition in the agreement does not entitle the opposite party to retain the consumer's deposited amount under all circumstances," the commission observed.
It further noted that the Consumer Protection Act, 2019, was intended to protect consumers against unfair and arbitrary trade practices. Finding that the hotel had failed to establish a reasonable basis for retaining the admitted advance of Rs 2 lakh, the commission directed it to refund that amount. The hotel was also ordered to pay Rs 11,000 towards compensation and litigation costs for the financial loss and mental distress caused to the complainant.
Takeaway Consumers should retain booking agreements, payment receipts, cancellation emails and written assurances regarding refunds. Where a hotel seeks to deduct expenses or retain an advance, documentary evidence supporting those deductions can become important in a consumer dispute.
