In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No. 124/2012.

1)                   Sanjeet Desai,

            1, Prince Golam Mohd. Road, 4^th Floor,

            P.S. Tollygunge, Kolkata-26.                                     

2)                   Vishal Kothari,

            20, Ray Street, 4^th Floor,

            P.S. Bhawanipore, Kolkata-20.                                                                           ---------- Complainants

---Versus---     

1)                   Blue Hospitality and Foods Pvt. Ltd.

            Represented by its Managing Director,

            Head office at 5^th Floor, VV Vintage Boulevard,

            Raj Bhawan Road, Soumajiguda, Hyderabad-500082 and

            Branch office at M.B.C., 22 Camac Street, 6^th Floor,

            P.S. Park Street, Kolkata-17.

2)       Mr. Indrajit Chatterjee, Associate Sales Manager (Kolkata)

            Blue Hospitality and Foods Pvt. Ltd.

             M.B.C., 22 Camac Street, 6^th Floor,

            P.S. Park Street, Kolkata-17.                                                                             ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   17    Dated  19-08-2013.

           The case of the complainants in short is that complainants being induced by the advertisements made on behalf of the o.ps. had approached the o.ps. for reservation of a trip to Kerala and on such approach the o.ps. had promised and agreed to a package of Rs.53,000/- per couple for a 7 nights and 8 days trip with the following services to be provided by the o.ps.

a)                   Three nights stay at Munnar at Hotel Tea County (Premium Category Room), 1 night stay at Kumarakoram at Hotel Waterscapes (Lake View Cottage, 1 night stay on a two bedroom premium house boat and 2 nights stay at Kovalam at hotel Samudra (sea facing room) and on optional stay for 1 night at Thekkady at hotel Aranya Nivas.

b)                  Other facilities or services included all meals as per demand, one Innova car with A.C facility for pick and drop, transfers and sight-seeing and also special arrangements for the 5^th Marriage
Anniversary of the complainants.

After discussions and upon misrepresentations the complainants had made a payment of Rs.53,000/- to the o.ps. on 4.1.12 for which the o.p. no.2 had executed a receipt in favour of the complainants. Complainant no.1 had made the booking in the name of his wife Mrs. Sweta Desai whereas the complainant no.2 had made the payment and booking both in his own name.

On being assured and confirmed of the bookings the complainants along with his parents left for the first destination on 21.1.12 and on reaching Cochin, they were shocked and surprised to be told by the driver that room which was provided to them were sub-standard with minimum facilities and were not the same as promised and agreed upon. The details of the hotels provided by you are as under:

a)                   3 nights in Munnar at Tea Valley Resort (Regular Category room), 1 night in Kumarakoram at Hotel Eastened Lakesong (regular room), 1 night on a two bedroom Regular House Boat and 2 nights in Kovalam at hotel Estuary Island (Garden facing room) and stay for 1 night at Thekkady at Periyar House (regular room) was provided to the complainant no.2 and his wife as they opted to stay at Thekkady.

Complainant’s flight did not get over here- At Munnar the hotel was 20 minutes away from the main city and the approach road was completely broken and the hotel rooms and the overall service were rally poor. It would be worth to mention here that on 23rd January on the date of the marriage anniversary of the complainant no.1 there was no special arrangements made for the couple as was promised by the o.ps. That at Kumarakoram the complainants and their wives were not provided lake view rooms as promised. The complainants were subjected to undue harassment and mental agony and were duped into paying high sums of money for a trip that was below the expected standards.

            After coming back from the trip the complainants had written to the o.ps. informing them all about the inconveniences and harassments faced by the complainants during the whole trip and also informing that the facts were misrepresented to them and they were cheat and they h ad also demanded the refund of the entire amount as paid by them as the promises had not been met, but no reply was received from the o.ps. till date explaining the reasons as to why such unfair trade practices were adopted by the o.ps. to deceive and cheat the complainants.

Hence the case was filed by the complainants with the prayer contained in the petition of complaint.

            O.ps. did not contest this case by filing w/v and matter was heard ex parte against the o.ps.

Decision with reasons:-

We have gone through the pleadings of the complainants, evidence and documents in particular and we find that After discussions and upon misrepresentations the complainants had made a payment of Rs.53,000/- to the o.ps. on 4.1.12 for which the o.p. no.2 had executed a receipt in favour of the complainants. Complainant no.1 had made the booking in the name of his wife Mrs. Sweta Desai whereas the complainant no.2 had made the payment and booking both in his own name.

We further find that on being assured and confirmed of the bookings the complainants along with his parents left for the first destination on 21.1.12 and on reaching Cochin, they were shocked and surprised to be told by the driver that room which was provided to them were sub-standard with minimum facilities and were not the same as promised and agreed upon. The details of the hotels provided by you are as under:

a)       3 nights in Munnar at Tea Valley Resort (Regular Category room), 1 night in Kumarakoram at Hotel Eastened Lakesong (regular room), 1 night on a two bedroom Regular House Boat and 2 nights in Kovalam at hotel Estuary Island (Garden facing room) and stay for 1 night at Thekkady at Periyar House (regular room) was provided to the complainant no.2 and his wife as they opted to stay at Thekkady.

Complainant’s plight did not get over here- At Munnar the hotel was 20 minutes away from the main city and the approach road was completely broken and the hotel rooms and the overall service were rally poor. It would be worth to mention here that on 23rd January on the date of the marriage anniversary of the complainant no.1 there was no special arrangements made for the couple as was promised by the o.ps. That at Kumarakoram the complainants and their wives were not provided lake view rooms as promised. The complainants were subjected to undue harassment and mental agony and were duped into paying high sums of money for a trip that was below the expected standards.

In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumers / complainants and complainants are entitled to compensation and litigation cost only since complaint had availed of the tour.

Hence, ordered,

That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay compensation of Rs.35,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.