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To get back advance amount from marriage hall owner

Querist : Anonymous (Querist) 07 July 2022 This query is : Resolved 

Dear Sir/madam,

I have paid 40000 rupees advance on 23rd Nov 2020 to Marriage hall To book for 24 th feb 2021.But Due to some issues at Bride side,the marriage has been called off and the same has been intimated to Marriage Hall Manager by 08th Jan 2021.
When I have asked the advance they told they have not received the any alternate booking from others on Feb 24th 2021,hence they cant give as per their norms .I have requested them to give atleast 20000,but they have denied.
1)I have the receipt which I have paid to marriage hall(The receipt whatever they are giving to customer stating receiving the amount as donation first of all is it not Illegal to give this kind of Receipt to the customers)
2)I have paid them via NEFT,I have Bank Transaction statement as well.
What could be the legal remedy to get back my advance.if Yes do you think approx how much I need to spent for further proceedings.
Dr J C Vashista (Expert) 08 July 2022
You should file a suit for recovery before jurisdictional court and police complaint for cheating and fraud committed by the owners through a local prudent lawyer.
kavksatyanarayana (Expert) 08 July 2022
I think when you booked the marriage hall they shall give you a receipt. On the back side of receipt the terms and conditions for cancellation of the hall and return of the amount and they will tell you the minimum conditions. Why delay to date? In general, many marriage halls do not return the amount, if the party do not cancel it in time.
Querist : Anonymous (Querist) 08 July 2022
Actually they have mentioned the conditions that they will not repay the advance amount,incase of cancellation.But this marriage called off by Bride side ,hence i have to cancel the booking.by considering this circumstances still under consumer protection act 2019 will i be able to get back my advance?
krishna mohan (Expert) 08 July 2022
You can file a case in consumer forum on your own or with help of lawyer. You can get refund as they are not right to forefeit full money.
Advocate Bhartesh goyal (Expert) 08 July 2022
Yes, file complaint before Consumer Commission. Marriage hall manger can not forefiet entire advance paid amount moreso when you had intimated him for cancellation of booking before 45 days.


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