O R D E R

Smt. K.P. Padmasree (Member – I):

                 The complainant filed this complaint u/s.12 of the C.P. Act against the opposite party for getting a relief.

                 2. Brief facts of the case is as follows:  On 11.01.2015 complainant reserved a room in Hotel Panchami, Thiruvalla for a week stay in connection with his official duty.  The reservation was done through telephone.  During the time of booking they have promised break fast but they have not provided even a bed coffee to the complainant.  Moreover, they have not provided drinking water also.  Room allotted is full of cockroach, therefore his sleeping is disturbed.  Even though there is T.V and A.C facility in the room they didn’t function well.  Moreover on 12.01.2015 for his dinner complainant has to go 150 meters at around 8.30 p.m.  Due to this reason on 13.01.2015 itself complainant checked out his room by paying Rs.1,560/- and reserved room at Hotel Bessota near Y.M.C.A, Thiruvalla.  The above said act of the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant.  Hence this complaint for getting the excess room rent of Rs.1,000/- along with compensation and cost of Rs.10,000/-.

                 3. On the basis of the complaint stated above this Forum heard the complainant and issued notice to opposite party, even though the notice is duly served to the opposite party he did not turned up before the Forum.  Hence the opposite party declared exparte.  In the above case, the point we have to consider is:

1. Whether the complaint before the Forum is maintainable?
2. Relief and Cost?

        4. Point Nos.1 & 2:- The petitioner in this case is a consumer of the opposite party u/s.11 of the C.P. Act.  Hence this petition is maintainable before this Forum.  The complainant in this case examined before the Forum as PW1 and the document produced were marked as Ext.A1 to A3.  According to him, at the time of incident he was working as the Auditor of S.B.T for his official purpose he reserved a room for a week in Hotel Panchami on 11.01.2015.  Due to the unexpected surroundings and poor facilities he vacated the room on the next day morning itself for which they have charged excess amount of Rs.1,560/-.  He deposed clearly the poor condition and facilities of the room which was allotted to him.

         5. In order to prove the case of the complainant, complainant produced 3 documents which were marked as Exts.A1 to A3.  Ext.A1 is the bill of Rs.1,560/- issued by the opposite party to the complainant on 13.01.2015.  Ext.A2 is the bill of Rs.4,129/- issued from Hotel Bessota to the complainant.  Ext.A3 is the printout of the web page showing the facilities of opposite party hotel.  The evidence adduced by the complainant as PW1 and the exhibit marked as Exts.A1 to A3 were not challenged by the opposite party, since the opposite party is already declared as exparte.  Hence the evidence of the complainant is unchallengeable before the Forum.  Therefore, after considering the pleading, depositions, exhibits and considering the nature of the case the evidence adduced by the complainant is sufficient to give an award against the opposite party in this petition.  The evidence before the Forum is sufficient to believe that the opposite party is committed deficiency in service.  Therefore, the Point No.1 and 2 found in favour of the petitioner and we decided to allow the following relief:

1. The opposite party is directed to return the excess room rent of Rs.1,000/- (Rupees One Thousand only) to the complainant.
2. The opposite party is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the complainant as compensation.
3. Opposite party is directed to pay Rs.1,000/- (Rupees One Thousand only) as the cost of the proceeding to the complainant.
4. All the above amount carries 10% interest from the date of order of this case.

        Declared in the Open Forum on this the 30^th day of April, 2015.

                                                                                              (Sd/-)

                                                                                    K.P. Padmasree,    

                                                                                  (Member – I)

Sri. P. Satheesh Chandran Nair (President)   :  (Sd/-)

Smt. Sheela Jacob (Member – II)                   :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Rajan. T.K

Exhibits marked on the side of the complainant:

A1 :  Bill dated 13.01.2015 for Rs.1,560/- issued by the opposite  

        party to the complainant. 

A2 :  Bill for Rs.4,129/- issued from Hotel Bessota to the

        complainant. 

A3 :  Printout of the web page showing the facilities of opposite  

        party hotel.

Witness examined on the side of the opposite party:  Nil.

Exhibits marked on the side of the opposite party:  Nil.

                                                                                   (By Order)

                                                                                       (Sd/-)

                                                                    Senior Superintendent.

Copy to:- (1) Rajan. T.K, Thachuparampil House, Gandhi Nagar,

                    Moovattupuzha – 686 661.                               

               (2) Manager, Hotel Panchami, Railway Station Road,

                    Thiruvalla.

               (3)  The Stock File.