FINAL ORDER/JUDGEMENT

SHRI  ASHOKE KUMAR GANGULY, MEMBER.

            This is a complaint case u/s 12 of the CP Act, 1986. The brief facts of the case is that the Complainants made a hotel booking of 35 rooms with the OP “Barsana Boutique Hotel on 14.04.2017 by paying Rs. 10,000/- in cash which was acknowledged by the OP  by issuing receipt stating therein “ Being Advance received in cash for 35 rooms booking on 02.12.2017”. The OP thereafter called up the complainant in the second week of July, 2017 and informed that the said booking has been cancelled without assigning any reason. On several attempts made by the complainant the OP issued a letter on 20.09.2017 stating the cancellation. The cancellation was informed by the OP verbally first. Due to this cancellation the complainant had to suffer a lot and to spend more money for further  booking elsewhere  and incidental costs were also increased accordingly. The details of the financial loss has been stated in the complaint petition. Being aggrieved by the actions and attitude of the OP the complainant has approached the Forum for justice with the prayers as mentioned in the complaint.

The OP has contested the case by filing Written Version contending inter alia that the instant complaint is frivolous, fictitious, motivated, harassing and not at all maintainable and is liable to be dismissed. The OP states that  the booking of 35 rooms for occupancy of guests on 02.12.2017 is subject to final confirmation and for the same a token amount of Rs. 10,000/- was paid by the complainant on 14.04.2017 which was not a concluded contract of booking of the rooms. The OP further states that in the marriage invitation card the wedding ceremony is scheduled to be held at Club Eco Vista, Action Area – II , Rajarhat which means the complainant has already booked that hotel for his daughter’s marriage. The booking amount of Rs. 10,000/- was refunded without any deduction which the complainant refused to accept. The Op has also stated that if the complainant was seriously aggrieved he would file complaint to the Police Authority. Other hotel booking by the complainant is his choice where the OP has no role to play with. In view of the facts the complaint petition should be dismissed with costs.

                                          Points for Determination

On the pleading of parties the following points have necessarily come up for determination.

1. Whether the OPs have got deficiency in service.
2. Whether the OPs  are indulging unfair trade practice.
3. Whether the Complainant is entitled for the relief/reliefs as prayed for.

Decision with Reasons

Points Nos. 1 to 3 :-

All the points are taken up together for the sake of convenience and brevity in discussion.

Complainant and the OPs  have tendered their Evidence on Affidavit. Both parties have filed replies to the questionnaire set forth by their adversaries. Both parties have  submitted their BNAs also.

We have travelled over all the documents placed on record. 

Facts remain that an amount of Rs.10,000/- was paid in cash by the complainant to the OP Hotel on 14.04.2017  as an advance payment towards booking of 35 rooms on 02.12.2017. A Xerox copy of the receipt of the said  payment has been furnished by the complainant. No further document other than the said receipt has been produced .   On careful scrutiny of the receipt we do not find any confirmation in its absolute term given by the OP Hotel Authority. The receipt simply indicates an acknowledge of payment of Rs.10,000/- towards the said booking. The complainant has not produced any concrete proof wherefrom this Commission could conclude that there has been an unlawful breakage of contract on the part of the OP Hotel. Mere payment of Rs.10,000/- does not give any binding effect on either of the parties. It is actually an unconcluded contract. The OP informed the complainant over phone about the said cancellation in the 2^nd week of July, 2017  which the complainant himself has admitted and finally on demand the hotel authority confirmed the cancellation of booking vide their letter dated 20.09.2017 stating that the cancellation is due to  absence of confirmation of booking  on the part of the complainant. The provisional booking was made on 14.04.2017. Cancellation of booking was conveyed over phone by the OP to the complainant in the second week of July, 2017 which has been admitted by the complainant in his complaint petition. The complainant did not obtain any confirmation from the OP during the long period of three months. The mere receipt of payment of Rs.10,000/- does not give any binding effect on the proposed booking.  The booking of rooms was for the day on 02.12.2017. As such the cancellation was done by the OP more than 04 months before the scheduled date of 02.12.2017. The Commission is undone on the issue of sufferings which the complainant might have faced because of cancellation of booking in a situation where the complainant has failed to produce any concrete document / proof of confirmation of booking given by the OP other than the receipt of payment of Rs.10,000/- . As such, we are not in a position to held the OP responsible for deficiency in service and unfair trade practice.

Under the above situation, we are of the considered view that the complainant has not been able to prove his case. But the complainant is entitled for refund of the payment of Rs.10,000/- which has been paid to the OP on 14.04.2017.

Thus, all the points are answered accordingly.

In the result, the Complaint Petition is allowed in part.

Hence,

                     Ordered 

That the Complaint Case be and the same is allowed  in part against the OPs with the following direction without any cost.

The OP Hotel is directed to refund the sum of Rs.10,000/- to the complainant within a period 30 days from the date of this order, in default, the complainant will be  at liberty to put the order in execution as per rules.

Order be communicated to the Complainant as per rules and the judgment be uploaded forthwith on the website of the Commission for perusal of the parties.