Order-13.

Date-05/08/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that she intended to visit at Puri Dham for six days from 14-03-2015 to 19-03-2015 along with her thirteen family members.  Seeing the advertisement on internet complainant enquired about holiday home of Syndicate Bank Staff Recreation Club and came to know that limited number of rows are available at Janadalaya Tirthabas, Swargadwar, Puri, Orissa.  She booked three rooms immediately by giving an amount of Rs.8,250/- for six days.  The OP assured of all the amenities to be given to the complainant but there was no water in the bathroom.  The complainant and her family members were compelled to book another guest house named Dona Guest House for 14-03-2015 and 15-03-2015.  Another guest house for remaining four days (16-02-2015 – 19-03-2015) was booked at very high rate.  The complainant has suffered financial loss, mental agony and harassment.  The OP declined to refund the amount of Rs.8,250/-.  In his opinion once booked, money cannot be refunded.  The complainant prays to the Forum to direct the OP to refund Rs.8,250/-, the booking charge, to direct the OP to pay compensation of Rs.20,000/- for harassment and mental agony, to direct the OP to pay litigation cost of Rs.3,000/-.

          In the written version OP stated that their holiday home is nice and proper.  He also stated that non-availability of water was totally a false and fabricated story.  Supplier of water is not the holiday home, water comes from a pumping station.  There was tubewell which was working in full swing.  All the boarders of sixteen rooms, faced no problem.  It is a false statement that the complainant and other family members were compelled to leave the holiday home due to non-availability of water.  Though there was a problem due to load-shedding but it was not at all unbearable.  It was not possible for the caretaker to draw water from the tube well, became he was not helping well.  Complainant wanted the amount of Rs.8,250/- back.  OP states that it is not possible to refund the money paid for booking the holiday home.  It is clearly mentioned in the rules and regulations that “Once booked money cannot be refunded”.  OP is not ready to accept unfair trade practice because the holiday home is run in no profit no loss basis.  It is a non-profiteering institution.  So, no question of unfair trade practice arises.

Decision with Reasons

On proper consideration of the complainant and written version including documents it is found that complainant booked for three bed rooms of holiday home at Puri, run by Syndicate Bank Staff Recreation Club for six days (14-03-2014 – 19-03-2015) for 14 family members including herself and accordingly reached there on 14-03-2015 at about 7.36 a.m. and took rest for a while and when need for water but they did not get tap water and when enquired from staff of that holiday home it was reported they that tap water was not available so, they may collect water from tube-well situated on the ground floor but was not possible for complainant and other members to collect water from ground floor and bring it to the first floor as complainant’s husband, an aged person and other members of the family were not in a position to come to ground floor for collecting water for toilet and for other purpose when water was not available in the bathrooms of the guest house, they were astonished because holiday home without any service of water is not at all fit to stay when complainant and her family members went for a tour at Puri and made arrangement for stay at that holiday home from Kolkata.  On payment of an amount of Rs.8,250/- when OP informed her that water was available at Bathrooms of the rooms situated on the first floor but in reality, no water was available,  when they found that it is impossible to collect water from ground floor.  Moreover, they heard that the tubewell was for the servants.  In the above situation complainant and her team were not ready to face such a unforeseen position as they came there for enjoyment.  Though the charge for fourteen members was meager, yet they faced severe problem due to non-availability of water.  Had they been informed about water problem earlier, they would not have booked such a guest house.  However, ultimately they did not stay there but had to book another guest house giving pretty higher charge.  If they would be informed about such a situation they could not hire the guest house of Syndicate Bank Recreation Club.  As the charge was low for fourteen members, they expected minimum and basic requirements, i.e. availability of water in the bathrooms, but from the beginning, they were deprived of the basic necessity.  So they had to leave the guest house.  Complainant and her family members were harassed for such sort of practice of the OP.  After arrival at Holiday home they heard that water was not available at bathrooms but condition of Holiday home was not at all informed by the OP at the time of booking and at the same time no hint was given that the area is a load-shedding prone area and boarders of holiday house might have to face problem due to load-shedding.  No such prior intimation was given to complainant.

          In the Rules and Regulations one line is written “Once booked money cannot be refunded”.  Another line is also written that “Any adverse remarks from concerned caretaker against any allottee may result forfeiture of caution money”.  Complainant paid Rs.8,250/- for booking of holiday and in the money receipt, it is clearly mentioned that Rs.8,250/- was received from Mrs. Snigdha Sen, complainant Rs.300/- was taken as caution money and Rs.150/- was taken as service charge.  Complainant could not stay at that holiday home and same is noted by the caretaker with note departure for water of problem so she is entitled to get back the amount which she paid to the OP when they only stayed there for few hours, OP may deduct some amount from Rs.8,250/-.

          For this inconvenience complainant had to hire one after another guest house by paying much higher rate for remaining days because it was pick hours only for negligent and deficient manner of service for not providing minimum domestic facilities like water and electricity and no doubt for irresponsible act of the OP all these problems were faced by complainant and her relatives.  So, OP is liable to pay back the booking amount, when in spite of paying full amount, complainant did not get proper service for which complainant and her family members had to leave the guest house.  So, OP must pay back the amount by deducting rent of one day and Rs.1,400/- may be deducted by the OP as the charge of one day for fourteen members but not more than that when complainant could not enjoy a peaceful journey for the deficiency in service as rendered by the OP and no doubt OP Gust House authority is responsible for all these inconvenience. 

          On proper evaluation of the entire materials this Forum is directing the OP not to book any room against hired rent until water and electricity problem is solved by the OP in their Holiday Home because the very act of recreation club of the OP bank is proved in this case a reactionary club.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.2,000/-.

          OP is directed to pay back Rs.6,800/- by deducting charge of one day for fourteen members.

          Further OP is directed to pay Rs.3,000/- for harassment and mental agony to the complainant.

          OP is directed to pay Rs.11,800/- (i.e. Rs.6,800/- + Rs.2,000/- + Rs.3,000/-) within one month from the date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages to the extent of Rs.100/- per day till full satisfaction of the decree which shall be deposited to the Forum.

          If OP fails to comply the order in that case penal action shall be started against them for which further penalty and fine shall be imposed.