Tamil Nadu

South Chennai

283/2008

V.Mohan Babu - Complainant(s)

Versus

Ginger Hotel roots Corporaton Ltd - Opp.Party(s)

M/S.Anand & samy & Dhruva

05 Jul 2018

ORDER

                                                                        Date of Filing  : 17.07.2008

                                                                          Date of Order : 05.07.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.283/2008

DATED THIS THURSDAY THE 05^TH DAY OF JULY 2018

                                 

V. Mohan Babu,

S/o. Mr. R. Viswanathan,

No.3/552, 3^rd Cross Street,

Lakshmana Perumal Nagar,

Kottivakkam,

Chennai – 600 041.                                       .. Complainant.                                           

 

     ..Versus..

 

Ginger Hotels,

Roots Corporation Limited,

No.48/50m, Opp. Dudhadhari Temple,

Bopatwala Kalan,

Dudhadhari Chowk,

Hardwar – 249 410.                                    ..  Opposite party.

          

Counsel for complainant      :  M/s. Anand & others

Counsel for opposite party  :  M/s. Sivan Sivanandraaj  and               

                                                 others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.10,00,000/- towards compensation for mental agony, loss and inconvenience caused by the opposite party with cost to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that on 08.08.2007, he booked a room in the opposite party hotel at Haridwar for the stay till 12 noon of 16.8.2007, from 15.08.2007 - 12 noon for 24 hours through online.  The booking also duly confirmed and a sum of Rs.999/- also debited from the account of the complainant.  The complainant reached the hotel on 16.08.2007 at 5 a.m.  To his shock and surprise, the opposite party declined to admit the complainant in the booked room and issued a letter stating that “the above booking is treated as No Show for 15.08.2007.  Guest checked in on 16.08.2007 at 5 .10 am and treated as walk in.  Guest paid at hotel for his stay”.  Further the complainant submits that at an odd hours in the early morning, even after, due booking through online after payment and confirmation, the complainant was denied to occupy the room which caused great inconvenience and metal agony and once again the complainant was compelled to book a room at the early morning 5.00 a.m. for 16.08.2007 on payment of Rs.999/-.  After vacating the room, the opposite party stated that they will refund the amount paid in advance.  The complainant issued a letter, dated:17.08.2007 stated very clearly that he was charged twice for no reason for his wrong.  Further the complainant submits that, without any information, duly confirmed booked room was cancelled for no reason.  The complainant sent legal notice dated:05.09.2007 for which, the opposite party sent a reply with untenable contentions.   Thereafter, this complaint is filed.

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegations made in the complaint and puts the complainant to strict proof of the same.  The opposite party states that  the Roots Corporation Ltd. (RCL) is a TATA Enterprise and is a wholly-owned subsidiary of the Indian Hotels company Limited (IHCL) owns , operates and manages Taj Hotels, Resorts and Palaces.  On 08.08.2007, the complainant booked a room at Ginger Hotels for one night stay from 15.08.2007 to 16.8.2007 noon.      Further the opposite party states that at the time of booking, the complainant merely stated that he wanted the room for one night on 15.08.2007 and did not stated anything about his expected time of arrival at the hotel.   It is also submitted that at the time of booking, a confirmation letter is sent to the guest inter alia specifying the date of booking, period of booking and cancellation, check-in and check-out timings along with the general terms and booking.  Further the opposite party states that the complainant was given due accommodation without collecting any advance amount after fresh booking.  Further the contention of the opposite party is that the alleged mental agony, loss and inconvenience are imaginary and the compensation of Rs.10,00,000/- is exorbitant.  There is no deficiency in service on the part of the opposite party.   Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

4.     The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for mental agony, loss and inconvenience with cost as prayed for?

5.     On point:-

The complainant filed his written arguments.  Both parties has not turned up to advance any oral arguments. Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that on 08.08.2007, he booked a room in the opposite party hotel at Haridwar for the stay till 12 noon of 16.8.2007, from 15.08.2007 - 12 noon for 24 hours through online as per Ex.A1 & Ex.A2.  The booking also duly confirmed and a sum of Rs.999/- also debited from the account of the complainant.  The complainant reached the hotel on 16.08.2007 at 5 a.m.   To his shock and surprise, the opposite party declined to admit the complainant in the booked room and issued Ex.A3 stating that “the booking is treated as No Show for 15.08.2007.  Guest checked in on 16.08.2007 at 5 .10 am and treated as walk in.  Guest paid at hotel for his stay” but without permitted to stay proves the deficiency in service. 

6.     Further the complainant pleaded and contended that at an odd hours in the early morning, even after, due booking through online after payment and confirmation the complainant was denied to occupy the room caused great inconvenience and metal agony resulting that once again the complainant was constrained to book room at the early morning 5.00 a.m. for 16.08.2007 on payment of Rs.999/- as per Ex.A4.  After vacating the room, the opposite party issued Ex.A5 stating that the opposite party will refund the amount paid in advance.  But there is no document to prove the refund of the amount.   The complainant issued a letter, dated:17.08.2007 vide Ex.A6, stated very clearly that he was charged twice for no reason for his wrong amounts to deficiency in service.  Further the complainant contended that, without any information, duly confirmed booked room was cancelled for no reason amounts to unfair trade practice.  The complainant issued legal notice as per Ex.A7 for which, the opposite party sent a reply with untenable contentions.   The complainant is claiming a sum of Rs.10,00,000/- towards compensation for mental agony and hardship.  But the complainant has not proved the quantum of compensation in such a manner known to law.

7.     The contention of opposite party is that the Roots Corporation Ltd. (RCL) is a TATA Enterprise and is a wholly-owned subsidiary of the Indian Hotels company Limited (IHCL) owns, operates and manages Taj Hotels, Resorts and Palaces.  Admittedly, on 08.08.2007, the complainant booked a room at Ginger Hotels for one night stay from 15.08.2007 to 16.8.2007 noon.  Since the complainant did not stated anything about the expected time of arrival to the hotel and was not occupied the room till 16.08.2007 morning, the booking was cancelled according to the check in and check out time.  But the opposite party has not produced any document to prove such condition that duly booked room will be automatically cancelled, if the occupant has not turned up to occupy the room within the stipulated time.  The opposite party also has not given any information for such cancellation, even after, booked the room through email and collected the amount through online and conforming the booking for the said fixed date proves the deficiency in service.  

8.     Further the contention of the opposite party is that the complainant was given due accommodation without collecting any advance amount after fresh booking.  But the opposite party has not refunded the amount paid as advance during the 1^st booking through email proves unfair trade practice.   Further the contention of the opposite party is that the alleged mental agony, loss and inconvenience are imaginary and the compensation of Rs.10,00,000/- is exorbitant and imaginary.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall  refund a sum of Rs.999/- with interest at the rate of 9% p.a. and a compensation of Rs.15,000/-  towards mental agony with cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite party is  directed to refund a sum of Rs.999/- (Rupees Nine hundred and ninety nine only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 17.07.2008 to till the date of this order to the complainant and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day of July 2018. 

 

 

MEMBER –I                                                              PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	08.08.2007	Copy of email confirmation letter
Ex.A2	16.08.2007	Copy of email letter from the complainant
Ex.A3	16.08.2007	Copy of letter of room cancellation
Ex.A4	16.08.2007	Copy of Invoice for room rent
Ex.A5	16.08.2007	Copy of email reply from the opposite party
Ex.A6	17.08.2007	Copy of email reply from the complainant
Ex.A7	05.09.2007	Copy of legal notice issued by the complainant to the opposite party
Ex.A8	12.11.2007	Copy of reply notice to the complainant

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                              PRESIDENT