Date of Filing:18.12.2007<br /> Date of Order: 31.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> <<br /> COMPLAINT NO: 2524 OF 2007 <br /> <br /> Priya.P,<br /> Ebony A-01, Sherwood Apartments,<br /> Basavanagar Main Road,<br /> Marathhalli P.O,<br /> Bangalore-560 037. Complainant<br /> <br /> <br /> <br /> V/S<br /> <br /> Chirag Shambu,<br /> Coffee Planter,<br /> Kumbarahalli Estate Post, Via Yeslur,<br /> Hassan District-573 137. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale:- <br /> <br /> This complaint is filed by complainant claiming refund of Rs.9,000/- with compensation. <br /> The facts of the case are that, the complainant is a freelance journalist. She has stated that she is filing complaint to seek redressal for bad treatment and bad service meted out to her and her husband at Swarga resort. As P.G professionals working in Bangalore city they decided to take a holiday they selected Swarga after viewing their website which had attractive pictures of scenery. They arrived at Swarga resort on 4th November around 5.30 P.M. At the same night they have disturbed by noise and music and several bachelors were consuming alcohol. On the morning of 5th November even at 8.00 A.M, there was nobody around at Swarga property to call for basic things like water, coffee or hot water. The facilities in the room were extremely sub-par. The room was not cleaned in two days and three nights. On 5th the came to dinner at 8.00 P.M as given in the website, but they have to wait for one hour before the helpers served the food. The food served was extremely salty and tested bad and developed indigestion and constipation and health deteriorated significantly during the stay. The experience of the complainant was disgusting. Since the complainant had been forced to make full pre-payment for the entire stay. She extremely helpless. The complainant told Mr. Chirag, incharge of Swarga that they are extremely unsatisfied with the service and Chirag arrogantly said that his business does not depend on customers like you. The complainant left the place feeling extremely insulted, cheated and disgusted. The complainant further stated in the complaint as under:-<br /> <br /> After having planned the holiday for a long time, and booking and paying the entire package amount (Rs.9000) two weeks in advance, we were looking forward to a peaceful break from our otherwise stressful and busy work schedule, just as promised on Mr. Chirag’s Swarga website. On the contrary, this was the worst “holiday” experience of our lives. When we left the place, we were angry, sick and highly stressed out. This is the reason why we are filing this complaint, to see if the courts would award justice by reprimanding Mr. Chirag for his unethical business practices and insensitive attitude, and compensating us both financially and morally for the ordeal that we suffered at his hands in that remote location in Sakleshpur in early November. <br /> <br /> Therefore, for the deficiency in service the complainant claimed refund of Rs. 9,000/- paid by her along with compensation. <br /> 3. Notice was issued to the opposite party through RPAD. The RPAD cover returned with an endorsement “party refused returned to sender”. The case was called on 30/1/2008. The complainant was present. The opposite party was called out he remained absent. Notice refused by the opposite party. The refusal of the notice has been taken as due service. Therefore, the opposite party was placed exparte.<br /> 4. Affidavit evidence of the complainant filed and the arguments of complainant heard in person. The matter is posted for orders. <br /> 5. The points for consideration are:-<br /> <br /> (1) Whether there is a deficiency in service?<br /> <br /> (2) Whether the complainant is entitled for refund of amount?<br /> <br /> <br /> REASONS<br /> 6. I have gone through the complaint, the complainant has written very long complaint running into 5 pages. She has narrated all the deficiency in service offered by the opposite party at Swarga resort. She has narrated the events of the facilities available at the resort. She has produced receipt to show that she had paid Rs.9,000/- for two adults for three nights stay. As per the service voucher the package includes all primary meals, tea, coffee and trucking guide. The complainant has produced Swarga broacher/advertisement taken from the website. The website is attractive, but the complainant has got so many grievances and she has narrated as to how she suffered in the resort due to carelessness and negligence of the management. The complainant did not get the facilities as offered by the opposite party in the advertisement and broacher. The case made out by the complainant in her complaint as gone unchallenged. The opposite party has not appeared and contested the matter. Notice sent by the Forum has been refused by the opposite party. Therefore, the opposite party has no defense to make whatever the allegations and facts narrated in her complaint and affidavit has gone unchallenged. Therefore, it can safely be held that the complainant has proved her case. The complainant has to be accepted and the opposite party shall have to be directed to refund the amount for the deficiency in service. It is worthwhile to quote the observation of Apex Court (1994)1 SCC 243 as under:-<br /> “...........Various legislations and regulations permitting the State to intervene and protect interest of the consumers have become a haven for unscrupulous ones as the enforcement machinery either does not move or it moves ineffectively, inefficiently. The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful business, described as, ‘a network of rackets’ or a society in which, ‘producers have secured power’ to ‘rob the rest’ and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting against it, is accepting it as part of life. The enactment in these unbelievable yet harsh realities appears to be as silver lining, which may in course of time succeed in checking the rot”. <br /> <br /> The complainant in this case became victim of a misleading and false advertisement. Since the resort did not have any facilities as per the broacher and advertisement. Therefore, the complainant is entitled for refund of the amount paid by her. Consumer Protection Act is enacted to safeguard the better interest of the consumers. John Kennedy the then President of the United States has made historic declaration of the basic consumer rights they are (1) the right to safety, (2) the right to information, (3) the right to choice, and (4) the right to representation. Protection of consumer is the need of the society. Therefore, taking into consideration of all the facts and circumstances of the case, I am of the opinion that the complainant is entitled for refund of the amount paid by her with costs of the present proceeding. In the result, I proceed to pass the following:-<br /> <br /> ORDER <br /> <br /> 7. The complaint is allowed. The opposite party is directed to refund Rs.9,000/- to the complainant. The opposite party is also directed to pay Rs.1,000/- towards costs of the present proceedings to the complainant. The opposite party has to comply the order within 30 days from the date of this order. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs immediately.<br /> <br /> 9. Pronounced in the Open Forum on this 31ST DAY OF JANUARY 2008. <br /> Order accordingly, <br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br />