Chandigarh

DF-I

CC/226/2023

AMAN ARORA - Complainant(s)

Versus

HOTEL MOUNT VIEW - Opp.Party(s)

KARTIK

05 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/226/2023
Date of Institution	:	01/05/2023
Date of Decision	:	05/03/2024

 

Aman Arora S/o Sh. Rakesh Kumar, resident at 1439, Sector 40B, Chandigarh.

… Complainant

V E R S U S

1.     HOTEL MOUNTVIEW through its General Manager (a unit of CITCO), Sector 10, Chandigarh 160011.

2.     The Chandigarh Industrial and Tourism Development Corporation Limited (CITCO) through its Managing Director, SCO 121-122, Sector 17B, Chandigarh 160017.

… Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	SHRI SURESH KUMAR SARDANA	MEMBER

                                               

ARGUED BY	:	Sh. Kartik, Advocate for complainant
	:	Sh. Mayank Garg, Advocate for Sh. Raman B. Garg, Advocate for OPs (Defence struck off vide order dated 12.1.2024)

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Aman Arora, complainant against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that OP-1 is a well established enterprise operating in the hospitality industry under the name of Hotel Mountview situated in Sector 10, Chandigarh.  In the month of July 2022, parents of the complainant had selected a suitable match for him and fixed engaged ceremony on 5.7.2022. Copy of e-card of engagement is Annexure C-1.  The complainant and his family members had made arrangement for the engagement ceremony to be held at their residence and had also arranged for a dinner in some banquet hall. Accordingly, on 3.6.2022, complainant approached OP-1 Hotel and enquired about the booking of banquet hall.  On being satisfied with the courteous conduct of the staff, complainant confirmed the booking of the function for 5.7.2022 with the OP by depositing an amount of ₹25,000/- vide receipt (Annexure C-2).  At that time, complainant was impressed by the hotel staff and flexible policies of the hotel regarding cancellation and reschedule policy and the hotel staff also assured that in case the function was to be cancelled, 80% of the booking amount would be refunded.  Due to mishap in the family of the fiancée of the complainant, the scheduled function fixed for 5.7.2022 was cancelled.  Accordingly, on 25.6.2022 complainant approached the OPs and informed the staff for cancellation of the function fixed for 5.7.2022 and at that time the staff had cancelled the booking and suggested the complainant to reschedule the function. On this, complainant agreed to reschedule the function to 29.11.2022. Complainant had also raised his request for rescheduling the function through email (Annexure C-3). At that time, complainant was assured by the staff of the OPs that in case of cancellation of the booking, complainant must intimate the OPs at least three months prior to the scheduled date. Unfortunately, within a few days of the aforesaid re-booking, the newly formed relation of the complainant was broken and consequently all the celebrations and functions planned for the marriage were also cancelled.  On 12.7.2022, complainant again visited the OP hotel and also sent email (Annexure C-4) and informed the staff about the above and for cancellation of the booking rescheduled for 29.11.2022 and refund of the amount.  After about two months of the request, on 22.9.2022, OPs had intimated the complainant vide email (Annexure C-5) that the booking has been cancelled, but, refused to refund the amount by again giving option to the complainant to reschedule his function till January 2023.  In this manner, the aforesaid act of the OPs amounts to deficiency in service and unfair trade practice. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OPs resisted the consumer complaint and filed their written version.  However, as the defence was filed by the OPs beyond the prescribed period, same was struck off and ordered to be taken off the record vide order dated 12.1.2024.

2. In order to prove his case, complainant tendered/proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had booked the OP hotel in connection with his engagement ceremony to be solemnized on 5.7.2022 and had deposited ₹25,000/- with the OPs, as is also evident from the receipt (Annexure C-2) and later on the said function was rescheduled for 29.11.2022, as is also evident from the email (Annexure C-3) and due to break off in the relation of complainant and his fiancée all the functions/ceremonies had to be cancelled, including the re-scheduled function for 29.11.2022 at the OP hotel, and the complainant requested the OPs to cancel the rescheduled booking for 29.11.2022 and refund the amount, as is also evident from the email (Annexure C-4) and the OPs after cancelling the booking have again given the option to the complainant to reschedule the function in future till January 2023, as is also evident from the email (Annexure C-5), the case is reduced to a narrow compass as it is to be determined if the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs and the complainant is entitled to the reliefs prayed for in the consumer complaint.
   2. Perusal of the e-card (Annexure C-1) clearly indicates that the complainant had booked the banquet hall of the OP Hotel for engagement ceremony to be performed on 5.7.2022 by paying an amount of ₹25,000/- vide receipt (Annexure C-2).  The first booking for the function on 5.7.2022 was cancelled by the complainant on the ground of some mishap in the family of his fiancée whereas the second/rescheduled function for 29.11.2022 was cancelled by the complainant as the proposed marriage had broken off.  Thus, one thing is clear on record that the aforesaid bookings were cancelled by the complainant for the reasons which were beyond his control and not intentional one.
   3. Moreover, though the defence of the OPs has already been struck off, but, one document (available at page 10 annexed with the written version) indicates that in case of second postponement of the banquet function, 25% amount of advance was to be deducted by the OPs and in case of third postponement, 100% advance deposited was to be forfeited, which further makes it clear that the said conditions are very harsh and one sided, especially when nothing has come on record that the said conditions or office order dated 8.4.2021, containing the conditions, was ever brought to the  knowledge of the complainant and the complainant was aware of such conditions.  Thus, in such situation i.e. after cancellation of the second booking, at the most, what the OPs could have done is to refund the deposited amount after deducting 25% from the same i.e. 25,000 – 25% i.e. ₹6,250 = ₹18,750/-, but, they failed to do so.  Hence, the act of OPs in forfeiting 100% of the deposited amount certainly amounts to deficiency in service and unfair trade practice on their part and the present consumer complaint deserves to succeed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to refund the amount of ₹18,750/- to the complainant alongwith interest @ 9% per annum w.e.f. 12.7.2022 (i.e. the date when email requesting for cancellation and refund was sent by the complainant) onwards.
2. to pay ₹3,000/- to the complainant as compensation for causing mental agony and harassment;
3. to pay ₹3,000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs within forty five days from the date of receipt of its certified copy, failing which, the payable amounts, mentioned at Sr.No.(i)&(ii) above, shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

05/03/2024 hg	Sd/- [Pawanjit Singh] President
	Sd/- [Suresh Kumar Sardana] Member