District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 563/2022.
Date of Institution: 14.10.2022.
Date of Order: 29.03.2023.
Rajesh Kalra A-16, Ground floor, Ashoka Enclave, Phase II, Sector-37, Faridabad, Haryana – 121003.
…….Complainant……..
Versus
Golden Galaxy Hotel and Resorts, Delhi Mathura Road, Near Sikri, Opp. DPS School, Ballabgarh, Faridabad – 121004.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Bhupender Vats , counsel for the complainant.
Opposite party ex-part vide order dated 20.12.2022.
ORDER:
The facts in brief of the complaint are that the complainant booked resort of Rs.1,00,000/- from Golden Galaxy Hotel and Resorts on 19th October 2021 in which the issue related to refund was faced by him since the day of cancellation. The complainant booked the opposite party’s hall for marriage on 30th January 2022 but the same was cancelled due to Covid 19 pandemic, and that advance amount supposed to be refund, but the same was not received from the opposite party’s end and after raised the issue to the opposite party’s representatives they were not responding properly and till date neither received any update nor refund from the opposite party’s end, that the complainant suffered mental and monetary harassment. The complainant states that being deprived of the facilitated service the complainant intimated the opposite party’s concern on several occasions by way of telephonic conversations and emails in respect of the above mentioned issue. However the opposite party concern had acted like flogging of a dead horse in order to provide resolution which was extremely unprofessional in nature. The complainant states that being deprived of the proper and facilitated procurement he again and again intimated the opposite party by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue, however, the executive of the opposite parties had acted like flogging of a dead horse in lieu of providing the proper services to the complainant and in lieu of providing the constructive reply to him till date. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and provide to the complainant with refund the amount of Rs.1,00,000/- at the earliest.
b) pay Rs. 25,000/- as compensation for causing mental agony and harassment .
c) pay litigation expenses.
2. Notice issued to opposite party not received back either service or unsrved. Tracking details filed in which it had been mentioned that “Item Delivery Confirmed.” Mandatory period of 30 days expired. Hence, opposite party was hereby proceeded against ex-parte vide order dated 20.12.2022.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party – Golden Galaxy Hotel & Resort. with the prayer to : a) look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and provide to the complainant with refund the amount of Rs.1,00,000/- at the earliest. b) pay Rs. 25,000/- as compensation for causing mental agony and harassment . c) pay litigation expenses.
To establish his case, the complainant has led in his evidence Ex.CW1/A – affidavit of Shri Rajesh Kalra, Ex.C-2 – legal notice, Ex.C-3 – order dated 05.01.2022 passed by Government of Haryana, Haryana State Disaster Management Authority, Ex.C-3 – pan drive, Ex.C-4 – whatsapp message, Ex.C-5 – letter head of Golden Galaxy Hotels & Resorts.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to deduct 20% as administrative charges from the total amount and thereafter pay the remaining amount alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.1100/- as compensation for causing mental agony & harassment alognwith Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 29.03.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
