JUDGEMENT

          Complainant on 17.07.2012 went to M/s Hill Queen & Travels office for booking rooms for the period from 19.10.2012 to 21.10.2012 when he was told that the Room Tariff in respect of above hotel will be revised on and from 20.07.2012 and that after the Revision of Room Tariff, the total amount in full in respect of the above booking will be to Rs.12,968/- and he was advised to make payment of the said amount in full for the rooms and as per their advice he paid the entire amount in full vide Money Receipt No.268 dated 17.07.2012 and as per advice of the op he again went to the office of the op for collecting the voucher in respect of above booking in which it was clearly mentioned that the 5 rooms were booked by the complainant for the period from 19.10.2012 to 21.10.2012 and total amount was Rs.12,967.50/- and it was also stated that the entire amount has been paid by complainant in full on 17.07.2012 vide above money receipt and receipt for the booking was handed over to him.  So, complainant was not liable to pay any further payment in respect of booking of the rooms which was booked on 24.07.2012.

          As per schedule he reached at Hotel TathagatVihar, Rajgir (Bihar), along with his family and other companion on 19.10.2012 at about 06:30 AM but surprisingly the Hotel Manger Mr. Ratnesh Kumar/op no.2 told him that the hotel room tariffs had been enhancedand until and unless he pays them the entire excess amount of Rs.8,402/- in full by cash in respect of above 5 rooms, only then rooms shall be allotted.  Otherwise they are not allowed to use any facility whatsoever at Ground Floor Hotel.  Op no.2 represented by their Manager compelled them to keep standing in the Reception hall for about 4 to 5 hours without allowing to use any essential facilities at Reception hall i.e.toilet etc. created serious tension and inhuman mental agony to them and having no other alternative complainant showed the original voucher dated 24.07.2012 in support of entire payment has already been made and complainant requested them to contact with op no.1, but op no.2 behaved rudely, badly and complainant failed to convince them and ultimately having no other alternative complainant paid excess Rs.8,402/- on proper Money Receipt No.896 dated 19.10.2012.

          But even after payment the service of the op no.2 was very bad uncalled for and further they did not pay any heed to the avenues of the complainant butAir condition machine, Geyser, bed rooms were out of order respectively.  But in respect of repeated requests the hotel house keeping staff did not set the above machines in order till their check out on 21.10.2012 noon and the Hotel Management made complainant’s entire tour spoiled and with tremendous mental agony and harassment they somehow passed days their facing inhuman and treatment and rude behavior for no fault of the complainant.

          Entire matter was intimated to the op nos. 1, 2 & 3 by a Registered with A/D vide a letter dated 22.11.2012  and also asked them for release of excess amount of Rs.8,402/- from the op no.3 which was paid by them being forced by the op no.3 and also requested to refund him the above amount within the fortnight from the date of the above letters and in the above circumstances, for negligent manner of service for charging excess amount and deficiency of service complainant has filed this complaint praying for refund of the said amount of Rs.8,402/- and for harassment and inhuman behavior of the ops.

          On the contrary op no.1 by filing this written version has submitted that op never told the complainant that the room tariff in respect of above hotel will be revised on and from 20.07.2012 and complainant paid extra amount to the op no.3 Government of Bihar not to the op no.1.  So the allegation is totally false and not true.  When op no.1 is a agent and op no.1 duly paid the said amount what he received for booking of 5 rooms and further submitted that after arrival of the complainant in the said hotel if State Government of Bihar realizes any other fees for which the op no.1 is not liable and he is no way liable for any over act of the Bihar Government or other person.

          But anyhow op nos. 2 & 3 ultimately did not appear and also did not contest.  So, in the circumstances, the case is closedafter accepting the evidence in chief of both the parties and other materials.

Decision with reasons

          On proper consideration of the argument as advanced by the Ld. Lawyer for the op and also the complaint it is found that op no.1 discharged his duties by booking the same and fact remains the entire amount was paid to the Bihar State Tourism Development Corporation Ltd. under whose management the said hotel is being run by rendering service where no doubt complainant along with his family arrived on 19.10.2012 and on that occasion complainant paid Rs.16,438/- for 5 rooms for two days and total charge was Rs.14,000/-, service tax Rs.1,038/-, luxury tax was Rs.1,400/- and so complainant paid Rs.16,438/- from 19.10.2012 to 21.10.2012.  Again complainant booked from 21.10.2012 to 22.10.2012 another 3 rooms @ Rs.1,400/- and Rs.4,200/- was paid for room charge, Rs.311/- for service tax, Rs.420/- was paid for luxury tax and to that effect he paid Rs.4,931/- and no doubt he got receipt from the Bihar State Tourism Development Corporation Ltd. and fact remains complainant enjoyed the tour, enjoyed the rooms of the hotel from 19.10.2012 to 22.10.2012 and paid all taxes etc as it was charged and no doubt it is government undertaking corporation and actually for booking purpose complainant paid Rs.12,968/- and that was adjusted and balance amount of Rs.8,402/- was paid by the complainant to the Bihar State Tourism Development Corporation Ltd.  But when the complainant booked the said 5 rooms at that time the tariff of per room was Rs.950/- and tax was Rs.5/- and accordingly complainant received it and thereafter he deposited it to Bihar State Tourism Development Corporation Ltd. what is the room reservation slip.

          Fact remains that it was booked for 19.10.2012 to 21.10.2012 but there was no booking for 22.10.2012 and in this regard we have gone through the receipt produced by the complainant, it is found that complainant stayed there from 21.10.2012 to 22.12.2012 for which Rs.4,931/- was charged.  It was no doubt for excess stay, it was charged.  Then out of Rs.8,402/- as paid by the complainant it is found that Rs.4,931/- was paid for excess enjoyment of another day in the hotel.  So, it is apparent that Rs.8,402/- was not paid by the complainant as excess charge.  But out of that Rs.4,931/- was paid for excess days enjoyment of the 3 rooms of Rs.1,400/- per day.  So, complainant claimed that Bihar State Tourism Development Corporation Ltd. charged excess amount of Rs.8,402/- is completely false.  Further fact is that at the time of booking service tax and luxury tax are not included.  Booking is made in respect of rent or fees for booking a room and as and when any customer enjoys the said booked room in that case per day’s service charge and luxury tax over the total amount is charged and at the time of booking luxury charge and service tax was not charged.  So, in this regard we have gone through the receipt wherefrom we find that Rs.3,169/- was charged as service tax and luxury tax which was not charged at the time of booking the said room by the complainant through the agent of op no.1.

          Then it is clear that complainant paid the service tax and luxury tax i.e. in total Rs.3,169/-  and it is tax as charged by the state of Bihar and each and every hotel is bound to charge service tax and luxury tax and any traveler is bound to pay if he enjoys the booked room.  So, it is clear that service tax and luxury tax in total Rs.3,169/- which is charged by the Bihar State Tourism Development Corporation Ltd. is quite correct no excess payment was made to that effect.

          Further it is found that complainant enjoyed excess one day in respect of the 3 rooms for which he has paid Rs.4,200/- and that was rightly charged and if that Rs.4,200/- is deducted from balance of Rs.5,232/- in that case it is found Rs.1,033/- was assessed as excess tariff for the bed room but not more than that.  Then how the complainant can prove that the op’s hotel authority of Bihar State Tourism Development Corporation Ltd created pressure upon the complainant to pay excess of Rs.8,402/- and no doubt in this case complainant tried to hide the truth and fact remains at the time of hearing the argument complainant was asked by the Forum to produce the receipt granted by the Bihar State Tourism Development Corporation Ltd and then complainant produced it and that is the vital document and this vital document reflects the complainant’s entire case is false and to ventilate the entire truth of taking more amount of Rs.8,402/- is classified accordingly to prove that why the said amount was received by the hotel authority. Alleged excess payment of Rs.8,402/-minus 1) as service tax Rs.3,169/- was paid, 2) Rs.4,200/- was paid for excess day’s stay from 21.10.2012 to 22.10.2012 and 3) Rs.1,033/- was charged for increase of tariff and in respect of that receipt was with the complainant, the complainant did not submit it till completion of this case.

          But it was procured by this Forum after making queries from the complainant and if any reasonable and prudent man shall go through this account he shall be satisfied that no excess amount was assessed, rather complainant stayed for excess one day which is excess against booking.  So, we are convinced to hold that the case is filed with false statement; no excess charge was claimed by the op.  No complaint was also filed at that point of staying but done after return and that has become a practice for so many travellers.

          In the result, the complaint fails.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest against the ops but without any cost.