Date of filing : 31/07/2017
Order No. 9 dt. 26/03/2018
The case of the complainant in brief is that the complainant and his friends with their respective family members wanted to visit Gangtok for holiday tour and as such, through the complainant they booked 17 rooms with kitchen facilities and one manager room in a hotel at Gangtok for 3 days from 23.5.17 to 26.5.17. The complainant came to know that o.p. used to conduct such tour. The complainant paid an advanced ofRs.10,000/- and also further paid Rs.3000/- and Rs.2000/- respectively i.e. in total the complainant paid Rs.15,000/-. While the complainant reached at Siliguri the complainant wanted to make contact with the representative of o.p. to ascertain the booking arrangement there to which the representative of o.p. assured that all arrangements were made as per booking by the complainant. Thereafter the complainant proceeded to Gangtok and on reaching at Hotel Sunshine they did not allow the complainant to avail the room facility in the said hotel. On the basis of the said fact the complainant had no other alternative but to lodge a complaint GD at Gangtok P.S. and somehow they stayed one night in another hotel by paying Rs.18,800/- and thereafter they had to return to Siliguri from Gangtok. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund the amount of booking money of Rs.15,000/- as well as compensation and litigation cost.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant at the time of booking the hotel agreed to pay 50% of the decided amount, but the complainant intentionally violated the terms and conditions of the contract and since the complainant himself failed to honour the contract and he did not come with clean hands, therefore o.p. cannot be held liable for not providing the accommodation to the complainant and their family members. In view of such fact o.p. stated there was no harassment caused to the complainant by o.p. and for which o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant booked the hotel by paying Rs.15,000/- as advance?
- Whether o.p. failed and neglected to provide the accommodation to the complainant?
- Whether there was any deficiency in service on the part of o.p.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant and his friends with their respective family members wanted to visit Gangtok for holiday tour and as such, through the complainant they booked 17 rooms with kitchen facilities and one manager room in a hotel at Gangtok for 3 days from 23.5.17 to 26.5.17. The complainant came to know that o.p. used to conduct such tour. The complainant paid an advanced ofRs.10,000/- and also further paid Rs.3000/- and Rs.2000/- respectively i.e. in total the complainant paid Rs.15,000/-. While the complainant reached at Siliguri the complainant wanted to make contact with the representative of o.p. to ascertain the booking arrangement there to which the representative of o.p. assured that all arrangements were made as per booking by the complainant. Thereafter the complainant proceeded to Gangtok and on reaching at Hotel Sunshine they did not allow the complainant to avail the room facility in the said hotel. On the basis of the said fact the complainant had no other alternative but to lodge a complaint GD at Gangtok P.S. and somehow they stayed one night in another hotel by paying Rs.18,800/- and thereafter they had to return to Siliguri from Gangtok. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund the amount of booking money of Rs.15,000/- as well as other reliefs.
Ld. Lawyer for the o.p. argued that the complainant at the time of booking the hotel agreed to pay 50% of the decided amount, but the complainant intentionally violated the terms and conditions of the contract and since the complainant himself failed to honour the contract and he did not come with clean hands, therefore o.p. cannot be held liable for not providing the accommodation to the complainant and their family members. In view of such fact o.p. stated there was no harassment caused to the complainant by o.p. and for which o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant entered into an contract with o.p. for providing the accommodation in Hotel Sunshine at Gangtok. It is not disputed fact that the complainant paid Rs.15,000/- towards the advance payment for booking of the said hotel. The o.p. has alleged that there was an agreement between the parties that the complainant should pay 50% of the amount as advance, but no document has been filed by o.p. to that effect. In order to evade the responsibility to refund the money o.p. has taken such plea that since the complainant failed to pay 50% of the amount the accommodation could not be provided to the complainant. It appears from the materials on record as well as o.p. has not denied that the complainant did not pay Rs.15,000/- and the complainant also established the fact that they went to Gangtok by hiring vehicle from Siliguri and on reaching at the hotel they were not provided with the accommodation for which the complainant had to face great ordeal. The complainant along with 45 persons suffered because of non fulfillment of the commitment made by o.p. and thereby we hold that there was deficiency in service on the part of o.p. and the complainant will be entitled to get refund of the amount of Rs.15,000/- as well as compensation and litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.238/2017 is allowed on contest with cost against the o.p. The o.p. is directed to refund the amount of Rs.15,000/- (Rupees fifteen thousand) only to the complainant along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 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.
