(1.) The complainant aggrieved by the order of the dismissal of the complaint in C. D. No.240 of 1993 by the District Forum filed this appeal. The complainant's case was that he booked the Kalyana Mandapam managed by the Opposite Party on 3.10.1992 for (24) hours commencing from 12.00 noon of 19.12.92 to 12.00 noon of 20.12.92 and paid a sum of Rs.2,60,000/- towards advance on the date of booking, that is, 31.10.92. According to him, due to change of the circumstances, he cancelled the booking on 4.11.92 and intimated the same personally to the Opposite Party. The Opposite Party leased out the Kalyana Mandapam to some other person between 12.00 noon of l9.12.92 and 12.00 noon of 20.12.92 and promised to refund the amount of Rs.2,600/-. As the Opposite Party failed to refund, he gave a legal notice and filed this complaint demanding the refund of Rs.2,800/- that is, Rs.2,600/- deposit amount plus Rs.200/- towards legal notice charges, with interest at 24% per annum.
(2.) The claim was opposed on the ground that the transaction was completed on 31.10.92 when the complainant booked the marriage hall and paid a sum of Rs.2,600/-. As the marriage hall was kept reserved for the complainant, no question of refund arises. According to the Opposite Party, the complainant did not inform the cancellation and even when some other party came for booking the Kalyanamandapam between 19.12.92 and 20.12.92, the Opposite Party could not oblige them.
(3.) On a consideration of the material on record, especially having regard to the registers produced by the Opposite Party and also electricity consumption charges paid by the Opposite Party during the relevant period, the District Forum came to the conclusion that the Opposite Party did not let out the Kalyanamandapam on that day to anybody else. It accordingly dismissed the complaint.