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Banquet hall booking cancellation: Delhi court directs firm to pay Rs 1 lakh

12-1-2025
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New Delhi, Jan 12 (PTI) A court here has directed a firm running a banquet hall to pay Rs 1 lakh to a woman who had booked the facility in 2022 but couldn't use it due to Covid restrictions.

Senior Civil Judge Richa Sharma was hearing a plea filed for recovery of Rs 1.5 lakh along with interest.

The plea by Sanjana Chugh said that she booked a banquet hall in Mayapuri for her daughter's wedding ceremony in January 2022 run by a partnership firm by paying an advance of Rs 1 lakh by cheque, but the booking was cancelled by the firm because of COVID-19 restrictions.

When Chugh requested a refund, the firm flatly refused, it said.

In an order dated January 7, the judge said that the defendant (the firm) did not appear before the court even after the service of summons to contest the present suit.

It said, "The plaintiff (Chugh) had also served upon the defendant (the firm) a legal notice thereby demanding the outstanding amount. It is a settled proposition of law that, if a party despite service of legal notices chooses not to reply to the same, the averments of the notice stand admitted." It said the delivery of the legal notice was proved by the postal receipts placed on record and also the tracking report of the service of the legal notice.

Despite this, the firm did not reply to the legal notice nor did it make payment of the outstanding amount and this proved that it did not have any "valid defence" against Chugh's contentions, the court said.

It said the firm also remained absent during the proceedings and so Chugh's averments remained unchallenged.

"Since the defendant did not appear before the court despite service, therefore, it should be presumed that the defendant admits the claim of the plaintiff. From the evidence of the plaintiff, which has remained unrebutted, the case of the plaintiff stands proved," the court said.

It decreed the suit in Chugh's favour for Rs 1 lakh along with nine per cent interest from the date of filing the suit till its realisation. PTI MNR KVK KVK

Source: PTI  

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