ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant purchased three year Diamond Membership of OP on 12.7.2015 by paying a sum of Rs.25,000/- vide Invoice No. IMH/A-1/2015/2015-16/01/105 dated 14.7.2015 on the condition of booking of hotel at Port Blair within ten days.
It is alleged by the complainant that this three year membership contained 3 gift vouchers of days/4 nights stay, 2 gift vouchers of 3 days/2 nights stay, 1 travel card, 1DND card, 6 spa coupons, 6 food coupons and 6 Birthday/Anniversary vouchers.
It is alleged by the complainant that when he asked OP about his booking at Port Blair as promised OP forced him to deposit a sum of Rs.1996/- as utility charges with them, but never disclosed the name of the hotel.
It is further alleged by the complainant that after paying the utility charges, he came to know that the OP had made his booking in the Hotel which was not given in the list provided to him and was located far away from the city. Somehow he managed to stay in the hotel booked by OP .
It is further alleged by the complainant that during his stay OP raised an unjustified demand of Rs.2500/- under the pretext of 4th night stay charges and when he opposed the same OP asked him to shift to another hotel.
It is alleged by the complainant that due to unfair trade practice of the OP he was forced to make his own arrangement for stay at Port Blair.
It is alleged by the complainant that the Hotel provided by the OP was not upto the standard of the hotels as shown in the list, demanding the utility charges and raising the unjustified demand of charges for stay amounts to unfair trade practices by the OP . Hence, this complaint.
Notice of the complaint was sent to the OP through Regd. AD post on 16.11.2015. Notice was not received un-served. Service was presumed to have been affected on the OP. Since none appeared on behalf of the OP, it was ordered to be proceeded with exparte.
Complainant has placed on record the copy of Invoice dated 14.7.2015, copy of Membership form, copies of gift voucher, copies of e-mails exchanged between the parties. We has also placed on record the copy of notice dated 10.10.2015 sent to the OP for the refund of the membership amount. The OP had failed to comply or refute the allegation levelled in the notice. In number of cases courts have held that where serious allegations are made against a notice in a notice and the allegation are not refuted and the notice is simply ignored a presumption may be drawn that the allegation made in the notice a true. (See Kalu Ram v/s Sita Ram 1980 RLR (not 44) and Metro Polis travel v/s Sumit Kalra & Another 98 (2002) DLT 573 DB.
The present case is one where such a presumption needs to be drawn in favour of the complainant. Even otherwise there is no reason to disbelieve the affidavits file on record by the complainant.
From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true, The OP Company had violated the terms and conditions of the agreement entered into by it. It had failed to fulfil the promise made to the complainant. It had made arrangements for the stay of the complainant in a hotel which was far away from the city and was of a much lesser standard than the one shown in the list provided to the complainant. It had also raised illegal demands of utility charges/extra charges of 4th night stay.
We therefore hold OP guilty of unfair trade practices and direct it as under:-
- To refund to the complainant a sum of Rs.25,000(Rupees Twenty Five Thousand only) deposited by him on a membership fee . Whereafter the complainant shall cease to be a member.
- Pay to the complainant a sum of Rs.5000/-(Rupees Five Thousand only) for pain and mental agony suffered by him.
- Pay to the complainant a sum of Rs.2500(Twenty Five Hundred only) as cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on ___________
