Haryana

Panchkula

CC/267/2022

LIPIKA CHAWLA - Complainant(s)

Versus

FORTUNE SELECT FOREST HILL - Opp.Party(s)

ABHIJIT SOHAL

14 Aug 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	267 of 2022
Date of Institution	:	02.08.2022
Date of Decision	:	14.08.2023

 

 

 

Lipika Chawla D/o Subhash Chawla, age about 29 years, R/o 903 AWHO Flats Vikram Vihar, Sector-27, Panchkula.

 

                                                                           ….Complainant

Versus

1.     Fortune Select Forest Hill through its Manager, P.O. Mahiyan,     Bhojnagar-Johdji Road, Tehsil Kasauli, Himachal Pradesh-  173229.

2.     Agoda International India Private Limited through its Directors-  2/F,   Tower C, DLF Building No.8 Cyber City, DLF City II, Sector-   24, Gurugram, Haryana-122002.                                                                                                                                                                                                                                                    ….Opposite Parties

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

 

Before:              Sh.Satpal, President.

                        Dr.Sushma Garg, Member

                        Dr.Barhm Parkash Yadav, Member.

 

 

For the Parties:   Sh.Abhijeet Sohal,  Advocate for the complainant.

                        OP No.1 already ex-parte vide order dated                                     10.01.2023.

                        OP No.2 ex-parte vide order dated 07.10.2022.

                       

ORDER

(Satpal, President)

1.             Brief facts, as alleged in the present complaint, are that on 06.05.2022, the complainant booked a room for 19^th to 20^th June, 2022 in the Fortune Select Forest Hill Hotel i.e. Opposite party no.1(hereinafter referred to as OP No.1) vide booking no.709992309 and another room in the same hotel on 10.05.2022 for the stay w.e.f. 20^th-21^st June, 2022 vide booking no.712868949 through the services of the Opposite party no.2(hereinafter referred to as OP No.2) Agoda International Private Limited and the bookings were also confirmed on the same dates. It is alleged that the OP No.1 on 19.06.2022 denied the room booking to the complainant on her arrival at the hotel on without assigning any reason. The OPs had also cancelled the confirmed booking for 20/21.06.2022 without giving any reasons. It is stated that the complainant’s booking was confirmed by the Ops almost a month before the scheduled dates and keeping the amount paid by the complainant for over a month had cancelled both the booking without giving any reason. It is stated that the amount paid by the complainant qua booking was later refunded to the complainant. The details of booking with necessary details are given as under:-

Booking No.	Booking Date	Booking duration	Amount paid
709992309	06.05.2022	19th -20th June	Rs.15,340.00
712868949	10.05.2022	20th -21st June	Rs.15,340.00

 

It is stated that the OPs had cancelled the booking even after taking a sum of Rs.2,340/- towards the booking charges from the complainant. The customer care of OPs did not respond to the telephonic calls made by the complainant; thus, the complainant was forced to send the email to OP No.2. The OP No.2 was further deficient in not providing a proper space to the complainant to feed her 2 months child and forced her to change his dirty bits in the reception area causing mental agony and harassment to the complainant. It is alleged that the complainant had made the booking in OP No.1 hotel to celebrate her first marriage anniversary, which was totally spoiled. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notices were issued to the OPs No.1 & 2 through registered post, which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to them; hence, they were deemed to be served and thus, due to non appearance of OPs No.1 & 2, they were proceeded ex-parte by this Commission vide its order dated 10.01.2023 & 07.10.2022 respectively.  

3.             To prove the case, the ld. counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file including written arguments filed by the complainant, minutely and carefully.

5.             During arguments, the learned counsel for the complainant alleging deficiencies and unfair trade practice on the part of Ops as averred in the complaint as also in the affidavit (Annexure C-A) of the complainant has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint.

6.               The OPs No.1 & 2 have preferred not to contest the present complaint by remaining absent despite services of notices and accordingly, they were proceeded ex-parte vide order dated 10.01.2023 & 07.10.2022 respectively and thus, the assertions made by the complainant against them go unrebutted and uncontroverted.

7.             Evidently, the service of the OP No.2 was availed by the complainant on 06.05.2022 & 10.05.2022 qua booking of a room in the Fortune Select Forest Hill i.e. OP No.1 vide booking nos.709992309 & 712868949 w.e.f. 19^th June-20^th June  and 20^th June-21^st June, 2022 respectively by paying a sum of Rs. 15,340/- & Rs.15,340/- as per Annexure C-1, Annexure C-1(colly) & Annexure C-2. As per Annexure C-1 i.e. booking confirmation for 19.06.2022 to 20.06.2022 in the said hotel, the receipt dated 06.06.2022(Annexure C-1(colly)) & booking confirmation for 20.06.2022 to 21.06.2022 in the said hotel(Annexure C-2), it is well proved that booking as prayed by the complainant for the said dates was duly confirmed by OP No.2. The booking was also confirmed by the OP No.1 as per Annexure C-3, wherein the message of congratulating the complainant qua the booking of room for 19.06.2022 till 20.06.2022 was sent by it to her. As per unrebutted contentions of the complainant, the confirmed booking of room was denied to her on her arrival at the hotel(OP No.1) on 19.06.2022. The contentions of the complainant qua denial of confirmed booking to her is well corroborated and substantiated by Annexure C-2, wherein OP No.1 had asked the complainant to cancel her booking as it was sold out. As per unrebutted contentions of the complainant, the booking made by her on 06.05.2022 & 10.05.2022 through OP No.2 for having the stay in OP No.1(hotel) for 19.06.2022 and 20.06.2022, which was confirmed by OPs, was cancelled without any valid reason and justification thereby causing an immense discomfort, inconvenience,  mental agony and physical harassment to the complainant. As stated above, the OPs have preferred not to contest the present complaint, thus, the contentions and assertions of the complainant go unrebutted and uncontroveted against them. As such, the deficiencies on the part of the Ops are well proved and accordingly, both the Ops i.e. OP No.1 as well as OP no.2, jointly and severally, are liable to compensate the complainant for their deficient services rendered by them to her.

8.             Coming to relief, it is found that the amount paid by the complainant qua booking of room in the OP No.1(hotel) through OP No.2 has already been refunded to her; as such, there is no grievance of the complainant on this count against the OPs. However, the complainant has claimed compensation from OPs as she was compelled to undergo immense discomfit, inconvenience, mental tortures, mental trauma, and physical harassment due to the denial of stay facilities to her on her arrival on 19.06.2022 at OP No.1(hotel). It is alleged that even the proper space was also not provided to her to feed her baby and change her dirty bits. Further, as per complainant, the booking of a room in OP No.1(hotel) was made by her to celebrate her first marriage anniversary but her dream and planning to celebrate the same was ruined and spoiled by the deficient services on the part of the OPs; accordingly, the complaint is partly allowed by directing the OPs to pay a sum of Rs.10,000/- each to the complainant on account of mental agony and physical harassment suffered by her due to denial of confirmed booking to her on her arrival at Hotel i.e. OP No.1. Further, the OPs are burdened with a cost of Rs.5500/- to be paid to the complainant as litigation charges. 

9.             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:14.08.2023

 

 

 

 

        Dr.Barhm Parkash Yadav      Dr.Sushma Garg         Satpal

                        Member                     Member             President

 

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

 

                                               Satpal

                                         President