By Adv. Jatin Ramaiya
Santosh Sarmalkar, resident of Porvorim, approached the North Goa Consumer Disputes Redressal Forum, complaining against Panaji Gymkhana alleging deficiency in service and complaining against the Gymkhana for making wrong representation.
Sarmalkar claimed that, believing the officers of Gymkhana he booked an open air wedding venue (sunset lawns) at the venue. He claimed that, though the Gymkhana through its manager had said that, they will provide two separate changing rooms for the groom and the bride but however later on it was informed that only one changing room will be provided which is to be used by both the couple. Therefore he was constrained to cancel the booking, said Sarmalkar.
He claimed that at the time of the booking an amount of Rs 70,800 was paid but he was refunded only Rs 60, 000 after deducting the amount of Rs 10,800 towards CGST and SGST. The terms and conditions are duly signed by Sarmalkar. In terms of clause no.6, the complainant is entitled for refund of the amount minus applicable taxes on cancellation of the booking.
The members of the Forum heard the wife of Sarmalkar and observed that, “admittedly the venue was booked on March 19 2018. Prior to booking the venue and paying the amount, it is expected first of any prudent person and in this case, of the complainant to inspect the premises and get himself satisfied about the wedding venue and see whether the wedding venue meets the requirements.”
Furthermore, the members of the Forum held that “there is no dispute about correctness of the amount deducted towards the applicable taxes by the Gymhkana. Hence, we are the view of that the complainant has been rightly refunded an amount of Rs 60,000 minus the applicable taxes.”