Haryana

Panchkula

CC/447/2021

RAJBIR KAUR. - Complainant(s)

Versus

HOTEL HOLIDAY INN. - Opp.Party(s)

IN PERSON

15 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	447 of 2021
Date of Institution	:	22.10.2021
Date of Decision	:	15.11.2022

 

 

Rajbir Kaur, aged 33 years, wife of Shri Gaganpreet Singh resident of House No.2467, Ist Floor, Sector-19, Chandigarh-160019

 

                                                                           ….Complainant

Versus

Hotel Holiday Inn, City Centre, Sector-3, Panchkula-134109.

                                                                                      ….Opposite Party

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.

                        OP already ex-parte vide order dated 14.12.2021.

                       

ORDER

(Dr.Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that on 23.09.2021, the complainant went to celebrate her husband’s birthday along with her family of 8 people at Hotel Holiday Inn, Sector-3, Panchkula. It is pertinent to mention here that she had purchased 2 coupons from Nearbuy App for dinner buffet at Rs.2397 each. On 23.09.2021, at around 8P.M. they reached at hotel(OP) and staff started serving food on the table. It is stated that on receiving the food items, she found that the food to be completely cold and bland and non vegetarian items were not cooked properly and were inedible. Even after repeated requests, no one from the staff came to listen the complaints. The complainant informed the manager about the poor quality of food but after that the items served were cold seemed to be stale. The lower staff too showed lack of concern and served the food after a long wait. After eating the food, the complainant’s father started physical problems like vomiting and rest of the family members started upset stomach. The complainant again complained to the manager about the food and left the hotel without availing rest of dinner items provided in the coupon due to the inferior food being served. The manager pointed out that the coupons were of different branch and if the complainant and their family members had to leave, they would have to pay for all the food that was consumed. The complainant was asked to pay exorbitant bill of Rs.4942/- and the same was paid. Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through process server which was received back duly served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 14.12.2021.

3.             To prove the case, 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 complainant and gone through the entire record available on the file, minutely and carefully.

5.             The complainant accompanied by other members of her family alleged that they visited the Hotel Holiday Inn Sector-3, Panchkula(OP) on 23.09.2021 for having a dinner. Allegedly the food items, served to the complainant and her family members, were completely cold and particularly non vegetarian items were not properly cooked and were inedible. As per the complainant, the stale and inedible food items served to the complainant & her family members has caused the problem of vomiting and stomach upset. Reiterating the averments made in the complaint, the complainant has prayed for acceptance of the complaint by granting the relief as claimed for in the complaint.

6.                The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 14.12.2021 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, a payment of Rs.4,942.36(Rs.3950.10+992.26) was made by the complainant vide Annexure C-1 & C-2 in lieu of the charges for the food items served by the OP to complainant and her family members. However, the main grievance of the complainant is qua the poor quality of the food items as well as the poor services rendered on their visit to OP on 23.09.2021. The contention of the complainant qua the poor quality of the food or services is not corroborated or substantiated by any email or letter sent by the complainant to OP asking it for compensation etc. Even the averments qua the health related problems as experienced by her father and other family members after eating of the food items is also not corroborated or substantiated by any documentary evidence like doctor’s prescription slip or medical checkup etc. Even it is not the case of the complainant that she or any other members of her family had to visit any doctor for taking the treatment after consumes the food at OP on 23.09.2021. No representation or correspondence made by the complainant with the OP raising her concern qua the deficient services rendered by the OP is also not available on record. However, the contentions of the complainant qua the poor quality of the food items served to her & her family members and the poor services rendered by the staff of Ops are unrebutted. Therefore, keeping in view the unrebutted contentions of the complainant, we hold the OP deficient while rendering services to the complainant.

8.             The other grievance of the complainant that the coupons taken by her in advance were not honored is not tenable as the coupons (Annexure C-3 & C-4) have been found belonging to Hotel inn Chandigarh at Zirakpur which is a separate entity from complainant. Therefore, no deficiency or lapse can be attributed of this count.

9.             As stated above, the OP was deficient while rendering services to the complainant on 23.09.2021 so the complainant is entitled to relief.

10.            In view of the facts and circumstances  as explained above a lump-sum compensation of Rs.5,000/- in our opinion would be adequate and sufficient to redress the grievances of the complainant. Therefore, the Ops directed to pay a lump-sum compensation of Rs.5,000/- to the complainant on account of mental agony and harassment as well as litigations charges etc.  

11.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP 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 OP. 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: 15.11.2022

 

 

 

        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