SMT. RAVI SUSHA: PRESIDENT
This complaint has been filed by the complainant under Consumer Protection Act claiming Rs.1,00,000/- towards compensation for defective service and mental agony suffered by complainant and to direct to refund Rs.15,000/- which was received illegally by the OP with 12% interest from the date of payment and Rs.25,000/- additional expenses met by complainant due to illegal and unilateral cancellation of package and cost of this complaint.
Brief facts of this complaint are that the complainant is an Indian Origin and a Danish citzen and the holder of Indian overseas passport No. P DNK 205049601. The OP No.1 is the owner of Ashokam Beach Resort and Ayurveda Chikitsa Kendram and conducting resort and Ayurvedic treatment at Ashokam beach resort at Payyambalam at Kannur. The complaiant has been a regular visitor of the OP and undergoing Ayurvedic treatment for the last 8 years. The OPs have been offering various packages of treatment with different tariff. There is facility to book online for the treatment package. The complainant had booked for package of type Abhyagm 3 pax for 24 days with breakfast form Kastrup where the complainant is presently resides. /The Ops confirmed the booking and room No.201 was allotted to the complainant for the stay during the treatment. The tariff for the package was Rs.1,56,224/- for 3 persons including the complainant, sister of the complainant and the husband of the sister of the complainant. The duration of ht treatment also was fixed starting from 25 the February to 20th March, 2019. The conformation message clearly stated that breakfast included in the package but no lunch and dinner. The complainant has been opting this package as there would be difficult to get breakfast form outside. The complainant had opted breakfast in the conformation message. But it was denied by OPs and insult the complainant in the presence of other reputed inmates and it caused mental agony and mental pressure to the complainant. So the complainant had to pay more money and arranged other treatment center. Hence she is claiming to repay Rs.15,000/- already paid to OPs together with compensation. Hence the complaint.
After receiving notice OPs entered appearance and filed version denying the allegations of he complainant, it is submitted that the complainant had booked for package of type Abhyagam 3 pax for 24 days with breakfast from Lastrup where the complainant is presently residing is not fully correct and hence her by denied by these OPs. The further averment in the very same para that the conformation message clearly stated that breakfast included in the package is not correct. The complainant is a regular customer of the OPs and she has been visiting the OPs since past 8 years. The OPs offered various treatments in Ayurveda stream as per the health condition and requirement of the gust. There is no facility to book the treatment plan on online as claimed by the complainant in her complainant since the treatments are customized after consultation with the doctors of the OPs and acceptance of quote forwarded to the customers. The complainant confirmed the booming after making discussion over whats app chat and the same was confirmed by document. During the course of finalization of the quote of the year, the complainant insisted that no food is required for her during the stay, it was specifically discussed and stated by the complainant. It is on the basis of that discussion the quote was prepared and forwarded to the complainant on ‘Room only Basis’. For the purpose of making it clear, it is very clearly stated in the quote that ‘Breakfast, Lunch and Dinner not included’. The allegation and averment contract to that made in the complainant are absolutely false. The complainant check in with OPs on 25/02/2019 and proceeded for treatment. No breakfast was served to the complainant by these OPs as claimed by the complainant in the notice. On 26/02/2019, when the complainant requested for breakfast in contra to the quote, Rijin, one of the most polite and favorite staff of the complainant informed her that their package is on room only basis and there is no provision for providing breakfast. Said staff informed the facts to the complainant in a polite and friendly manner. But the complainant was created the same as a huge issue and when the 1st OP reached at the site, the complainant was very verbal and abused him with filthy languages in the presence of other honorable guests and customers. The OPs submit that since the complainant is a regular customer she is very well aware about the cost per day and other expenses. The OP never demanded for her card to make the payment. The payment was done by the complainant through her Master Card and the payment was received to the bank of these OPs. Further submitted that the management or any of the staff of the OPs asked the complainant to deposit Rs.15,000/- as averred in the complaint. Said payment was made by the complainant on 27/02/2019, 2 days after the departure from the OPs. Said payment was made by the complainant with some ulterior motive on the instigation and advise of some outsiders who are having some malafide intention. The amount of Rs.15,000/- is accounted in the head of ‘Suspense Account’ of these OPs and GST also has been paid as per the GST Rules. The said amount of Rs.15,000/- is very much there in the account of these OPs and these OPs are willing and ready to refund the same on providing required bank details. There is no health issue to the complainant as stated in the complaint. There is no defect in the service of OPs as stated in the complaint. Hence, prayed for the dismissal of the complaint.
Complainant P/A filed chief-affidavit and documents. He was examined as pw1. Marked Ext.A1. On the side of OPs, additional third OP filed chief affidavit and was examined as Dw1. Marked Ext.B1 to B7. After that the learned counsel of OP has filed argument note. We have considered the material in evidence and submissions of both parties.
Complainant’s case is that she had opted breakfast in the conformation message. But it was denied by OPs and insult the complainant in the presence of other reputed inmates and it caused mental agony and mental pressure to the complainant. So the complainant had to pay more money and arranged other treatment center. Hence she is claiming to repay Rs.15,000/- already paid to OPs together with compensation.
On the other hand OPs contended that as a regular customer, complainant is very well aware about the cost per day and other expenses. OPs stated that for getting the disputed treatment also she confirmed the booking after making discussion over whats app chat with the doctors of the OP and the treatment plan was confirmed by document. It is submitted that complainant insisted that no food is required for her during the stay. It is on the basis of that discussion, the quote was prepared and forwarded to the complainant on room only basis. For the purpose of making it clear, it is very clearly stated in the equote that ‘breakfast, Lunch and dinner not included’. Further OP denied the averment of the complainant that one of the staff abused her in the presence of other honorable guests for breakfast by the complainant demanding. OPs submitted Ext.B1 and B2 to clarify that at the disputed period, complainant has not opted breakfast. On perusal of Ext.B1 and B2, package on perusal of Ext.B1 and B2, package details, it is seen that in Ext.B1, “3 PAX, Room only basis but in Ext.B2, 31 days stay veg breakfast, lunch, dinner fruit juices for 3 PAX.
Here there is no dispute that complainant had not stayed in the OP’s centre from the next day onwards, and not availed treatment and also admitted that complainant had paid Rs.15,000/- to OP for the treatment package for 24 days.
In the version and during evidence time also OP submits that they kept the amount Rs.15,000/- received from company in the suspense account and are ready to reimburse it to the complainant. We are also of the view that the said amount is to be reimbursed to the complainant. Here complainant itself was filed by power of Attorney holder and evidence also was tendered by him. From the facts and circumstances of this case, he was not present at the disputed time as alleged by the complainant. So the evidence of P/A cannot be considered. Thus the complainant failed to prove her pleadings. Hence we cannot find deficiency in service on the part of OPs. So, complainant is not entitled to get compensation.
In the result, complaint is allowed in part. Opposite parties are directed to repay Rs.15,000/-to the complainant’s account with 7% interest to the complainant from 27/02/2019 the date on which payment was made till the date of receipt of the certified copy of this order. Opposite parties shall comply the order within 30 days from the date of receipt of the order, failing which, amount or Rs.15,000/- carries interest @ 9% per annum from the date of order till realization. Complainant can execute the order as per provision in Consumer Protection Act 2019.
Exts.
A1- Tax invoice dated 26/02/2019
A2- Power of attorney
B1-Print copy of G-mail from OP dated 22/02/2019
B2- Print copy of G-mail from OP dated 11/12/2017
B3-Tax invoice
B4- Print out of account statement
B5-Print out of POS
B6-Copy of certificate issued to the complainant from 3rd person
B6-Print out of certificate of application of complainant issued 11 M Calicut
Pw1-Power of attorney holder of complainant
Dw1-OP
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forwarded by order/
Assistant Registrar
