Chandigarh

DF-I

CC/343/2024

VAGEESH MARWAHA - Complainant(s)

Versus

FAB HOTELS - Opp.Party(s)

VAGEESH MARWAHA

04 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/343/2024
Date of Institution	:	19.7.2024
Date of Decision	:	4/11/2024

 

VAGEESH MARWAHA(age 27 years) s/o Vineet Marwaha r/o 5520/1, Modern Housing Complex, Manimajra, Chandigarh, 160101.

COMPLAINANT

VERSUS

 

1) FAB HOTELS, Level 6, Regus, JMD Regent Square, MG Road, Gurgaon, Haryana -122002 Through CEO

2) FAB HOTEL ALEXA, Plot no - 7, Kalwar Rd, near SBI bank, Ridhi Sidhi Nagar, Awadhpuri, Jhotwara, Jaipur, Rajasthan 302012 Through owner

 

...OPPOSITE PARTIES

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Complainant in person.
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-
   1. It transpires from the averments as projected in the consumer complaint that the complainant booked one room in the OP No.2 hotel (hereinafter referred to be as subject hotel) through OP No.1 for the nights of 22^nd and 23^rd June 2024, on payment of Rs.883/-  vide booking voucher Annexure C-1 as the complainant has to appear in Rajasthan  Judiciary exams on 23.6.2024. When the complainant reached  the OP No.2 hotel on 22.6.2024 at 11:30 PM in the night  he found the hotel closed,  and the people outside the hotel had informed the complainant that the same has been closed due to power outage. Due to closure of  the hotel, the complainant had to walk several kilometers from OP No.2 hotel to hotel near his examination centre till 2.am. at night and found that every room in that area were booked.  The reporting time of the examination was 9.00 a.m.. The copy of admit card is annexed as Annexure C-2.   The complainant called the representative of OP  No.1  and informed him that he has exam on 23.6.2024 in the next morning and  he   is unable to get accommodation and the complainant was assured by the said representative that the booking will be honoured. The complainant again called OP No.1 through customer care but nothing has been done by the OPs and the complainant was asked to pay booking amount as one room was available. It is alleged that due to the aforesaid act of the OPs the complainant had suffered mental  agony and physical harassment  and was not able to sleep before the exam and the same has affected the performance of the complainant and it was the last attempt  of the complainant.  In this manner, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
   2. OPs  was properly served and when OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 2.9.2024.
2. In order to prove their respective claims the complainant have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he booked the OP No.2 hotel through OP No.1 by paying Rs.883/- as the complainant has to appear in Rajasthan Judiciary Exam on 23.6.2024  but when the complainant reached the OP No.2 hotel on 22.6.2024 the subject hotel was found to be closed as a result of which the complainant has to walk several kilometers at night time to find out accommodation and he could not sleep whole night, which affected his performance in the exam,  the case is reduced to a narrow compass as it is to be determined if the aforesaid act of OPs amounts to deficiency in service and the complainant is entitled for the relief as prayed for, as is the case of the complainant.
   2. As per case of the complainant he booked one room  with OP No.2 hotel  for two nights i.e. for 22^nd and 23^rd June 2024 by paying an amount of Rs.883/-  which fact  also stands proved from the copy of booking voucher Annexure C-1. Annexure C-2 is the admit card  which indicates that the complainant was appearing for exam of Rajasthan Judicial services  on 23.6.2024. Annexure C-3 is the  photograph of the OP No.2 hotel which indicates that the subject hotel was not open on the relevant date and time.
   3. Thus, one thing is clear from the foregoing discussion that the OPs after receiving booking amount from the complainant for the room of the subject hotel failed to provide the same on the relevant date and time, which caused a lot of mental agony and physical harassment to the complainant just before his exam on the next morning.  Hence deficiency service is writ large on the part of the OPs.  
   4. In view of the above, it is safe to hold that the aforesaid act of OPs amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OPs. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-
   1. to refund ₹ Rs.883/- to the complainant alongwith interest @ 9% per annum (simple) from the date of deposit till onwards
   2. to pay ₹5000/- to the complainant as compensation for causing mental agony and harassment;
   3. to pay ₹5000/- to the complainant as costs of litigation.
5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 4/11/2024			[Pawanjit Singh] President
mp
			[Surjeet Kaur] Member