Most consumer disputes arise out of violation of contract between the parties. While consumers often complain they are unaware of the terms of the contract or unable to decipher the fine print, in a world where consumerism is on the rise it is incumbent on the consumer to go carefully through all the terms and conditions before entering into a contract. That is the message given by the Chhatisgarh State Consumer Disputes Redressal Commission in Deepak Kumar and others vs. Sahraz Husain and others case.
Kumar booked a hall owned by Husain in Durg district for a marriage on April 27, 2008. A sum of Rs30,000 was paid as hall rent in advance. However, due to a death in the family, Kumar requested Husain to cancel the booking and refund the money. But Husain said the amount was non-refundable. The matter landed in the Consumer Forum at Durg.
In the Forum, Husain stated that he never received any intimation of cancellation and in any event, the hall was kept vacant on the appointed day, and hence there was no question of any refund.
The complainant stated that in view of the unforeseen circumstances, he had no other option but to cancel the function and on principles of justice and equity, he was entitled to a full refund. The forum ordered Husain to repay Kumar 50% of the amount.
Both parties went in appeal to the State Commission, one for revocation of the order and the other for being awarded the full sum. The commission noted that though Husain said there was a condition that no refund was possible in case of a cancellation on the back side of the printed receipt, no such statement was found on the same. The only thing found was a rubber stamp which said the same. Holding that such a stamp was unilateral and not binding on the consumer, the court rejected Husain’s plea of ‘no refund’.
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