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Refund from banquet hall because of cancellation due to covid


27-Jun-2023 (In Consumer Court Law)
My case is , before covid-19 i hv booked banquet for my brothers wedding to be held on 26th april, but due to lockdown , the same was not allowed. So we have made family gathering of 5-7 people and arranged gurudwara for dat. Also i have paid 30000 advance to banquet hall, but now they are refusing to gove my money back. They are saying it can be postponed but cannot be refunded. As the reciept they provided at the the time of advance , contains that the refund is not allowed of advance payment. So i need ur guidance whether the same amount is recoverable as this cancellation was happen due to natural calamity.
Answers (1)

Answer #1
801 votes
You can take the benefit of DOCTRINE OF FRUSTRATION which means(in context of your case) if it becomes impossible for you to utilise the service of banquet due to lockdown , then you are eligible for rescheduling. Since in your case, marriage is already solemnized then the option of rescheduling is not possible and you can claim refund( whether court will consider lockdown bdue to covid-19 as a perfect case for invoking DOCTRINE OF FRUSTRATION is stilla suspense or i will say it depends upon case to case).
You can file a complaint before District consumer forum and before that you can take you chance by sending them a legal notice.

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