Complaint Details

Status	:	Closed
Complaint No	:	0037464/2014
Category	:	Hospitality
Date	:	06-11-2014
Subject Line	:	Refund of Service tax as reception cancelled
Complainant	:	Ramesh Bajaj
Address	:	A901, Emgee Greens CHS, MTV Road, Wadala east, Mumbai 400037
Complainee	:	Ahmed A. Fazelbhoy Private Limited
Address	:	Sunville Banquets, 9, Dr. Annie Besant Road, Worli

Complaint Details
I had booked room at Sunville Pavillion for 24th December 2014 for my son's wedding reception. Unfortunately, marriage was cancelled and I requested for refund. The amount paid was Rs. 40000/-( for which 35599/- was venue charges and 4401/- was towards service charges).(Receipt no: RPT1415-188) They have refunded Rs. 28481 (being 80% of venue charges amount) but have deducted the balance. I have requested for refund of the service tax amount (Rs. 4401/_ as, because of cancellation, no service was provided and therefore not payable by them. They are refusing to refund, claiming that I have signed on the booking form. I have explained to them that it is not a fair business practice to charge service tax, when no service will be provided, due to cancellation (which was sad).The booking was done on 05-07-2014 and the cancellation was done on 4th September 2014. I have explained to them the cancellation was done in the same quarter of the same financial year, so tax need not have been paid.Even if had been paid, it is a practice to claim set-off and not burden the customer. They are refusing to listen to reason, even though the accountant sitting outside Mr. Mitha's office, informed me that set-off can be claimed.I feel that, even though I have signed the booking form, service tax of Rs. 4401/- should be refunded.

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