Haryana

Panchkula

CC/253/2021

DAVINDER KUMAR. - Complainant(s)

Versus

FOREST VILLE HOTEL & RESORT. - Opp.Party(s)

DAVINDER KUMAR.

20 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

                                                       

Consumer Complaint No	:	253 of 2021
Date of Institution	:	02.06.2021
Date of Decision	:	20.04.2022

 

Devinder Kumar R/o # 1077, Sector-12A, Panchkula.

 

                                                                           ….Complainant

Versus

1.     Forest Ville Hotel & Resort, through its General Manager, Kasauli,       Himachal Pradesh-173202.

2.     The Chairman, Forest Ville Hotel & Resort, Office, 1/17, Lalita Park,    Main Vikas Marg, Delhi-110092.

….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

For the Parties:   Complainant in person.    

                        Defence of OPs already struck off vide order dated  04.01.2022.

ORDER

(Dr.Pawan Kumar  Saini, President)

1.             The brief facts of the present complaint are that the complainant booked 10 rooms in hotel of the Ops, known as Forest Ville Hotel & Resort, Kasauli for two days i.e. 15.04.2020 to 17.04.2020 for the functions of his daughter’s wedding through the concerned representative of the OPs, namely, Sh. Sunil. The complainant paid the amount of Rs.50,000/- in the month of 07.03.2020 in the account of the OPs through RTGS in respect of the said booking, but the booking could not be utilized due to COVID-19 and lockdown imposed by the Government at national level, which began on 21.03.2020 and thereafter, the wedding functions had to be postponed. The complainant informed the representative of the Ops, namely, Sh. Sunil about the postponement of marriage functions on 06.04.2020 and demanded refund of the booking amount on 02.05.2020 via phone call. Further, the complainant asked for refund through whatsapp message/chat with the representative of the OPs, namely, Sh.Sunil but he refused to refund the amount and offered credit note with 6 months of validity instead of refunding the initial booking amount of Rs.50,000/- which was refused  by the complainant. Thereafter, the complainant has got served the legal notice dated 22.02.2021 to the OPs. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Upon notice, the OPs have appeared through their counsel/ Advocate to contest the present complaint; but they did not file the written statement despite availing several opportunities including the last opportunity. Therefore, the defence of OPs were struck off by this Commission, vide its order dated 04.01.2022. 

3.             To prove his case, the ld. Counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-6 in evidence and closed the evidence by making a separate statement.

4.             We have heard learned counsel for the complainant and gone through the entire record available on record, minutely and carefully.

5.             Evidently, a sum of Rs.50,000/- was paid by the complainant to OPs on 07.03.2020  for booking of 10 rooms in the Hotel of the OPs, known as Forest Ville Hotel & Resort, w.e.f. 15.04.2020 to 17.04.2020 for stay during his daughter’s wedding. It is also evident that the said rooms could not be utilized due to Covid-19 situation during the month of April, 2020. As per email conversation(Annexure C-2) between the complainant and  one representative of the OPs, namely, Sunil, a request for refund of amount of Rs.50,000/- was made by the complainant, which was replied stating that the OPs could issue credit note for the amount, which the complainant could use in next six months after the lifting of restriction on Hotel Industry by the Government. However, the complainant asked the OPs to make the refund of the amount and finding no response sent a legal notice dated 22.02.2021 (Annexure C-3) through his counsel, namely, Namit Kumar, Advocate  requesting for the refund of sum amounting to Rs.50,000/-. The OPs, in response to said legal notice, sent a reply(Annexure C-6) to the complainant on 08.03.2021 stating that they had suffered a lot of loss as they had to refuse other booking of rooms during the period of booking i.e. 15.04.2020 to 17.04.2020.  The relevant part of the said (Annexure C-6) is reproduced for the sake of convenience and clarity as under:-

                “It is to say that with respect to your booking we suffered a lot of loss as       we had to refuse other bookings of rooms during that period as the rooms were   already booked for you resulting in loss of revenue”.

                The facts as reproduced above in the reply(Annexure C-6) are incorrect, false and baseless as there was complete lockdown at the National Level during the relevant period i.e. 15.04.2020 to 17.04.2020 and thus, there was no question of refusing the bookings  of the rooms in the Hotel to other persons as alleged. Moreover, the Ops have preferred   not to contest the present complaint as their defence was ordered to be struck off vide order dated 04.01.2022 on account of non filing of written statement and thus, the averments made by the complainant are unrebutted and uncontroverted.

6.             In view of the facts that the OPs opted not to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OPs had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that OPs are liable to compensate the complainant for the deficiency on their part.

7.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OPs:-

1. To pay a sum of Rs.50,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization.
2. To pay lump sum amount of Rs.5,000/- to complainant on account of mental agony, harassment and cost of litigations charges.

 8.            The OPs shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OPs failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OPs. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on:20.04.2022

 

 

        Dr.Sushma Garg          Dr.Pawan Kumar Saini          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                         Dr.Pawan Kumar Saini

                                        Member