Delhi

West Delhi

CC/12/358

Mr. Rajesh Arora s/o Bishan Dass - Complainant(s)

Versus

Avalon Resorts Pvt. Ltd - Opp.Party(s)

12 Apr 2017

ORDER

   CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                                             Date of institution: 07.06.2012

Complaint Case. No.358/12                                                             Date of order:   12.04.2017

IN  MATTER OF

                                                                                                                                                                         Mr. Rajesh Arora s/o Bishan Dass R/o Flat no. 81, DDA SFS Flats, Sector 6, Pocket 1, Dwarka New Delhi-110075                                                                                                                                                                                                                                                                        Complainant

VERSUS

Avalon Resorts Pvt. Ltd., Empire Estate M.G. Road, Sultanpur New Delhi-110030                                                                                                                                              Opposite party no. 1

Naresh Khattar, Chairman and Managing Director, Avalon Resorts Pvt. Ltd., Empire Estate M.G. Road, Sultanpur New Delhi-110030                                                    Opposite party no. 2

Suresh Mohan, General ManagerSales, Avalon Resorts Pvt. Ltd., Rockcliff Estate, Gunhill, Mussoorie-248179                                                                                              Opposite party no.3

 

ORDER

R.S. BAGRI,PRESIDENT 

                                    Shri Rajesh Arora named above has filed the present Consumer complaint U/S 12 of the Consumer Protection Act against Avalon Resorts Pvt. Ltd. and others herein after referred as the opposite parties for directions to the opposite parties to refund Rs.5,000/- deposited by complainant with the opposite party no.1 with interest @ 18% per annum and pay a sum of Rs.1,00,000/- as compensation on account of mental and physical agony suffered by him on account of unfair trade practice and deficiency in service on the part of the opposite parties and litigation expenses.

Briefly case of the complainant is that the opposite party no.1 is providing hospitality services and opposite parties no. 2 and 3 are its employees. The complainant on 18.08.2011 through Shri Anshul Arora booked one double bed room at resort of the opposite party no.1 for two nights/3 days for a sum of Rs. 11,500/- on payment of Rs.5,000/- in advance.

                                    That on 20.08.2011 Shri Anshul Arora requested the opposite parties for cancellation of the room on account of some medical emergency at home of the complainant. He also requested the opposite parties to refund the entire advance and in alternative to keep the amount with the opposite parties for any future visit of the complainant to the hotel/resort of the opposite party no.1. Ms. Shalu Kashyap on behalf of opposite party no.1 vide email dated 20.08.2011 confirmed the cancellation and agreed for adjustment of the amount for future bookings.

                                    That on 15.03.2012 the complainant wanted to book a room in the hotel/resort of the opposite party no.1 for 6^thand 7^thApril, 2012 and contacted the opposite parties. But the opposite party no.3 refused and denied request of the complainant on the pretext that during the period of April 1 to June 2012 the resort of the opposite party no.1 was totally booked and the complainant could not take booking in the said period.  Therefore, the complainant decided to get his money back and requested the opposite parties to refund the advance of Rs.5000/-. But to no effect. Therefore, the complainant sent a legal notice to the opposite parties for refund of the advance. The opposite parties did not pay any heed to the request of the complainant. Hence the present complaint for directions to the opposite parties to refund Rs.5,000/- deposited by complainant with the opposite party no.1 with interest @ 18% per annum and pay a sum of Rs.1,00,000/- as compensation on account of mental and physical agony suffered by the complainant  for unfair trade practice and deficiency in service on the part of the opposite parties and litigation expenses.

                                    After notice the opposite parties appeared and filed joint reply while contesting the complaint and raising preliminary objections that the complaint is false and frivolous, concealment of true facts and as per the cancellation policy the complainant is not entitled for any refund. However on merits the opposite parties admitted that on payment of Rs.5000/- as advance the complainant booked one double bed room in the resort of the opposite party for 20.08.2011 and 21.08.2011 for sum of Rs. 11,650/-. On 20.08.2011 the complainant cancelled the booking and as a good will gesture the opposite parties agreed to adjust the advance sum of Rs.5,000/- in future visit of the complainant in the hotel/resort of the opposite party no.1. Whereas cancellation policy of the opposite party no.1 is as under:-

                                    “ 15 to 7 days prior to arrival 25% of room and catering charges.”

“Less than 7 days prior to arrival 100% of room and catering charges”.

The complainant had knowledge of the cancellation policy. He had filed a false and frivolous complaint just to harm and harass the opposite parties and extract money. All other allegations of the complaint are denied by the opposite parties and once again prayed for dismissal of the complaint.

            The complainant filed rejoinder to the reply of the opposite parties while controverting stand of the opposite parties and reiterating his stand.

            When the complainant was asked to lead evidence, he tendered his affidavit narrating facts of the complaint. The complainant in support of his case also relied upon Annexure-C-1 copy of welcome note, Annexure-C-2 copy of receipt dated 18.08.2011 with terms and conditions for reservation and Annexure-C-3 copy of emails between the complainant and opposite parties.

            Whereas right of the opposite parties to lead evidence was struck of vide order dated 05.12.2013.

We have heard the complainant in person and have gone through the material on record carefully and thoroughly.

From the complaint, reply of the opposite parties, rejoinder to the reply of opposite parties, affidavit of the complainant and documents produced by the parties it is admitted case of the parties that the complainant on 18.08.2011 booked one double bed room in resort of opposite party no.1 for two nights/3days from 20.08.2011 to 21.08.2011 for sum of Rs.11,500/- on payment of advance of Rs. 5,000/-. The complainant cancelled the booking and the opposite party no.1 promised to adjust the payment in future bookings of the complainant. The complainant desired to book a room in hotel/resort of the opposite party no.1 for 6^th and 7^th April 2012. But the opposite party no.1 refused to book the room on the pretext that during April 1 to June 2012 the resort of the opposite party no.1 was totally booked. Therefore, the burden to prove that on 6^thand 7^th April 2012 there was no vacant room for booking for the complainant is on the opposite parties. But there is not even an iota of evidence on behalf of the opposite parties to prove that the resort of the opposite parties was full to its capacity and there was no room for the complainant. The opposite parties have failed to produce any oral or documentary evidence in support of their case.

Whereas the evidence produced by the complainant has remained unrebutted and unchallenged. Therefore, there is no reason to disbelieve the unrebutted and unchallenged evidence of the complainant. Hence the complainant from the complaint, rejoinder, documents and affidavit of the complainant, which have remained unrebutted, succeeded to prove that the opposite parties had promised to adjust the advance sum of Rs.5,000/- in future booking of the complainant on his asking but the opposite parties failed to book the requisite room for the complainant for 6^th and 7^th April 2012 and adjust the advance money of Rs. 5,000/- paid by the complainant.

Hence there is unfair trade practice and deficiency in service on the part of the opposite parties. The complainant has suffered mentally, physically and financially. Therefore, we direct the opposite party no.1 to refund the advance sum of Rs.5,000/- with interest @ 9% per annum from the date of payment till actual realization of the amount and pay a sum of Rs.5,000/- as compensation for deficiency in service and unfair trade practice and cost of litigation expenses.     

Order pronounced on :  12.04.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                      (R.S.  BAGRI)                              MEMBER                                                                                           PRESIDENT