Smt. Sangita Paul, Member

This is a case filed by Sri Ameet Kumar, S/o.  Jainandan Prasad Sinha residing at 4A, Exotica heights, 248 N.S. C. Bose Road, Mahamayatala, Garia, P.O. – Garia, P.S. – Narendrapur, Kolkata-700 084 against authorized signatory of Park Priviera Hospitality Pvt. Ltd. With a prayer for a direction upon the OP to refund the said Hall-Booking-Money of Rs.1,51,000/- to the complainant with 10% interest for delayed payment, to pay Rs.1,00,000/- to the complainant for his harassment and suffering from mental pain and agony and financial loss. 

The OP is Authorized Signatory of the Park Priviera Hospitality Pvt. Ltd. The address of the Head Office is Samanvay Silver Mujmahuda Circle, Akota, Bhadodara-390020.

The Corporate office is situated at 204, Sun Square Building, near Regent Hotel, off. C G Road, Ahamedabad-380 009.

The address of the Office is Ergo Tower, beside Oxford Press, 606, 6^th Floor, A1/4 Block E P /G P, Salt Lake, Sector-V, Kolkata-700 091. 

The complainant by filing this case states that the OP is a Hospitality Service Provider.  Being satisfied and allured by the representation of the said Manager of the OP and relying on the terms and conditions, the complainant paid money of Rs.1,51,000/- (Rupees one lakh and fifty one thousand) to the OP on 18.11.2021, vide receipt No.5736, by the payment card, transaction ID-TID41955897, APPR Court-099090 of SBI Bank, as full consideration amount for five star membership for five years in India or Asia of the Park Priviera Hospitality Pvt. Ltd.  On assurance to receive tour and travel – booking services (including five start hotel accommodation, booking, road, train and air ticket booking).  The complainant applied for accommodation for Goa Trip but the OP has no facility that the complainant asked for. The complainant also asked for Dubai Trip which was rejected by the OP by showing the limitation of 45 days.  Thereafter the complainant asked the OP for booking a three star resort i.e. Sonar Bangla at Taki, West Bengal from 27-29^th May, 2022.  It was again rejected by the OP.  It was said that the complainant had to inform at least before 45 days.  At the time of taking membership, the OP did not behave like this.  They made various promises during the sale of membership.  Due to the OPs refusal, the complainant lost Rs.50,000/-.  The complainant no longer wants to be enrolled with the OP’s company and demanded full refund of Rs.1,51,000/- which was taken for membership with incurred cost of Rs.50,000/-.  The problem was not solved through the process of mediation. 

That the cause of action arose on 01.05.2022 i.e. the date of cancellation of booking.  Hence the complainant prays for directing the OPs to refund the said Hall Booking Money of Rs.1,51,000/- to the complainant with 10% interest, to pay Rs.1,00,000/- to the complainant  for his harassment and suffering from mental pain and agony and financial loss. 

That the case was admitted on 09.09.2022.  Notice was served upon the OPs on 12.10.2022.  On 28.11.2022 the OP did not file W/V.  The statutory period for filing W/V has already been elapsed.  Hence the case proceeded ex-parte against the OP.  On 09.01.2023 the complainant by filing a petition prays for treating his complaint petition as evidence on affidavit. The prayer of complainant is hereby allowed.  On 23.02.2023 the complainant filed BNA and argument was heard.  Accordingly, we proceeded for giving judgement.

                                    Points for consideration :-

1. Is the complainant, a consumer?
2. Is he OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decision with reasons :-

Point No.1:- 

On perusal of the documents, it appears that the complainant paid Rs.1,51,000/- to the OP on 18.11.2021 vide receipt No. 5736, by payment card  of SBI Bank as full consideration for 5 star membership for 5 years in India or Asia of Park Priviera Hospitality Pvt. Ltd.   As the complainant paid in full, he is a consumer u/s 2(7) of the C P Act. 2019.  So the first point is decided in favour of the complainant.

Point No:2 : 

The complainant is travel-lover.  He roams here and there.  Allured by the representations of the OP and relying on the terms and conditions, the complainant paid Rs.1,51,000/-. He hoped for a best return from the OP, but the contrary happened.  The complainant opted for Goa, but the OP was not ready to give the facilities.  Then he opted for a three star resort at Taki, but it did not materialize.  It was told that the complainant did not inform before 45 days.  The OP gave false promises to the complainant but in reality they are not ready to give any privilege. Though they took money from the complainant.  But the complainant did not get any facility.  His hard earned money is blocked.  He did not get any return.  He had a hope of travelling various places.  But everything went in vain.  Such act of the OP tantamount to unfair trade practice.  The OP is deficient in providing service.  The complainant suffered for unfair trade practice and deficiency in service adopted by the OP.  Hence, the 2^nd point is decided in favour of the complainant and against the OPs.

Point No.03 :-

The complainant planed for a trip to Goa and Dubai.  Each and every trip was cancelled by showing lame excuse.  The OP failed to provide the facilities for Goa Trip. Dubai Trip was also cancelled by showing the limitation of 45 days.  The complainant planned for a three-day tour from 27^th to 29^th   May, 2022.  The complainant  wanted to stay at Sonar Bangla, Taki.  That also was cancelled.  The complainant was harassed again and again.  The OP did not refund the complainant’s money.  As the OP failed to provide adequate service to the complainant, the complainant spends time in mental pain and agony.  He did not get his money back.  All the assignments were cancelled, still the OP did not return.  Hence, the complainant is entitled to get relief as prayed for.  So, the 3^rd point is decided in favour of the complainant and against the OP. 

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is,

                                                                                           ORDERED

That the complaint be and the same is allowed ex-parte against the OP with cost of Rs.20,000/- (Rupees twenty thousand).

That the OP is directed to refund Rs.1,51,000/- (Rupees one lakh and fifty one thousand) with 10% interest w.e.f. 01.05.2022 till realization to the complainant within 45 days from the date of this order.

That the OP is directed to pay compensation to the tune of Rs.50,000/- (Rupees fifty thousand) to the complainant foe harassment, mental pain and agony suffered by the complainant as well as deficiency in service on the part of the OP,within 45 days from the date of this order. 

That the litigation cost of Rs.20,000/- (Rupees twenty thousand) is to be paid by the OP to the complainant within the stipulated period of 45 days from the date of this order.

That the complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 45 days.

Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case.  As such he did not sign the judgement and order passed on this day. 

Let a copy of this order be supplied to the parties concerned free of cost. 

That the final order will be available in the following website: www.confonet.nic.in.

Dictated and corrected by me.  

Sangita Paul                   

               Member