Refund Of Booking Amount From Marriage Hall Due To Covid | Vkeel - Free Legal Advice

Debjit

Kolkata

I am from Kolkata and had booked a marriage hall for my wedding. The booking was done in January this year for an event to be happening in June. The marriage hall had taken 50% of the deal cost as booking amount. But now, due to covid situations and lockdown, we were unable to perform the ceremony or conduct the event. On asking for a refund from the owner, he disagreed and asked us to plan our event on another date within one year. Although we were reluctant at first, in terms of good faith, we agreed. Now we have planned to get married in November but they are unable to give us booking as the specific date and its adjacent dates are all booked. We are choosing a different place to do it now (with limited guests) and have asked for a full refund this time. But he is adamant and has totally disagreed with it. He says that he will claim "Act of God" clause if I go to court even though there is no such thing mentioned in our contract. Please advice.

Expert's Answers(8)

anirudh samantray
NA,

Act of god is covered under section 56 of Indian Contracts Act. However, the same is applicable only in cases of non-payment or non-performance. Issues of refund arising from an agreement are not under the purview of section 56.

September 1, 2020
xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

You may approach District collector and find out circulars in this regard since several districts making arrangements ti refund such amounts Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you

August 27, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

send a legal notice through advocate then file a case for recovery

August 27, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Act of God does not give right to usurp somebody's money..You need to manage to get a Legal Notice served upon the Marriage Hall. If the matter is not resolved then you will have the right to approach the Consumer Court for recovery of your money advanced alongwith interest, damages, inconvenience mental harrasment and cost of litigation. You have a very good case and you will succeed. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

August 27, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest, 2. if payment is not made despite service of the legal notice, you can file a court case, 3. chat, call records, WhatsApp record, if relevant, can prove your case and are admissible as an evidence

August 27, 2020
Advocate Satej C More
Mumbai, Maharashtra

17 Client Ratings

Send a legal notice to him. In case of not responding then file a complaint in consumer court.

August 26, 2020
Advocate Anurag Sharma
New Delhi, Delhi

1 Client Ratings

you should give him a legal notice through a lawyer there is good chance to get back your money for more information you should book my conunsltency I will give u great advice thnk you

August 26, 2020
Istiyaq Ahmed
Vadodara, Gujarat

You can go to Consumer court to claim your full refund as well as compensation for delay in refund. This is not insurance. Act of God is totally irrelevant.

August 26, 2020