Legal Question in Consumer Law in India

I had booked a marriage garden on 31-12-2013 for my sister's wedding for 7th march 2014. total amount agreed upon was 1 lakh and an advance payment of 11000 was made on the booking date.

now, due to some unforeseen reasons that marriage garden does not fit into our marriage program, therefor we decided to cancel the booking and conveyed the same to the owner of garden on 25-01-2014, but that person has refused to cancel the booking and even he is threatening us that we will have to pay him the whole money and the garden will remain booked on our name and if he will send a legal notice regarding the same.

please advice me in this matter and how can i get my money back after deducting cancellation charges. also what legal ground does he have on initiating a legal process against us?

Thank You


Asked on 1/27/14, 6:53 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.01.2014

Dear Sir / Madam,

In case the booking amount is Rs. 11,000/- and you have cancelled the booking, in all probables, the booking amount is liable to be forfeited. The hall owner under no circumstances can compulsorily force you to pay the entire amount of Rs. 1 lakh.

Regards,

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Answered on 1/27/14, 7:18 am
Sachin Das Pareesseri

Dear client,

Please go through the details of the terms and conditions with regard to the payment if advance booking amount, as there is every hance to get the amount forefeited.

Secondly try to get the brochure of the gatden, in that they used to narrate the details of facilities and how many persons they can accomodate. Since in your case it is clear that that garden can not contain and accomodate the number of guests. So issue a lawyer ntice to the owner of the garden stating that he had wilffully cheated you by inflating the facilities ovet and above that is provided in the brochure , and ask him to return the money taken as advance with interest @ 24% per annum., from the date you cancelled the booking. If the brochure is not there you can obtain extract from the concerned muncipalities building tax division or engage one of your friends tp get the facilities printed in the gardns letter pas duly signed in the context that a company is proposing a dealer meet or so . Take the help odf an advocate in preparing the notice and meet him with all the dpcuments. If he has not returned the money you may file a complaint before thr consumer forum with all the details. You may contact me for any clarifications on mobile any time 09387714156.

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Answered on 1/27/14, 7:37 am

Once he sends you the notice hire a lawyer and send a befitting reply to him and also check the cancellation rules if you have signed the same.

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Answered on 1/29/14, 4:24 am


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