Wedding cancelled due to Covid-19, court orders resort to refund Rs 2 lakh

The District Consumer Disputes Redressal Commission, Jalandhar, has ruled in favour of Bhavish Kalia, ordering a city-based marriage resort to refund Rs 2,00,000 along with interest after the cancellation of an event due to Covid-19 restrictions.

The commission, led by Dr Harveen Bhardwaj, found the resort guilty of service deficiency by refusing to return the deposit despite the pandemic forcing the cancellation of the event.

The dispute arose after Kalia booked Mandakini Farms in March 2020 for his daughter’s wedding, scheduled for November 20, 2020. An advance payment of Rs 2,00,000 was made to the resort. However, due to Covid, nationwide lockdown and restrictions were implemented by the central and state governments, limiting the number of wedding attendees to 30.

Kalia approached the resort in September 2020, requesting a refund due to the government’s restrictions, which made the original plan to host 800 guests impossible. However, the resort refused to return the deposit, leading Kalia to file a complaint with the Deputy Commissioner of Jalandhar in March 2021 and, thereafter, with the city police, but nothing helped. He then took the matter to the consumer court.

During the hearing, Kalia’s counsel, advocate Sushant Kumar, argued that the resort’s refusal to refund the amount constituted negligence and unprofessionalism. He cited the government guidelines that had restricted large gatherings, making it impossible to hold the wedding as planned.

The respondent resort contested the claim, arguing that the booking agreement explicitly stated that the deposit was non-refundable in case of cancellation. They further claimed that the complainant had been attempting to harass the resort by filing multiple complaints with the authorities. The resort also cited the government guidelines allowing weddings with up to 100 guests outside containment zones, arguing that the complainant could have proceeded with a smaller event.

The court, however, found that the restrictions in place during the lockdown were sufficient grounds for Kalia to cancel the booking. The court emphasised that the pandemic was a “natural calamity” and that the safety of guests was paramount. The resort’s defence that the complainant could have gone ahead with a scaled-down wedding was dismissed, given that Kalia had already cancelled the event before the relaxation of guidelines, allowing a gathering of 100 people.

In its ruling, the court held that the resort could not enforce a non-refundable clause in an extraordinary situation like the pandemic. The court concluded that there was a clear deficiency in service, ordering the resort to refund the Rs 2,00,000 deposit with 6 per cent interest from the date of booking. Additionally, the court awarded Kalia Rs 15,000 as compensation for mental anguish and Rs 8,000 to cover litigation costs. The resort was directed to comply with the order within 45 days.

Pay within 45 days, resort told

The consumer court awarded Bhavish Kalia Rs 15,000 as compensation for mental anguish and Rs 8,000 to cover litigation costs. The resort was directed to comply with the order within 45 days