Order-14.
Date-04/02/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant and their family members booked Room No.303, 304 and 305 for 17-11-2012, 19-11-2012 and 20-11-2012 and room No.306 for 20-11-2012 on payment of Rs.3,500/- vide receipt No.1295 for their family tour of New Apsara Lodge, Pani House, 31A, National Highway, Gangtok – 707 101, Sikkim from the OP and each room capacity is for 3 adults and one child for that complainant needed extra room for accommodation but 4th room was not available for the day of 17-11-2012 and 20-11-2012.
On reaching at New Apsara Lodge on 17-11-2012 at about 8 p.m. the Lodge Authority demanded to see the whole documents of bookings and they are all money receipt, letter of allotment and others received after submission of the papers they provided Room No.303, 304 and 305 as per booking and extra one room No.306 allowed them against payment of charges at that time.
But after getting the said room they found that TV service, hot water supply was not there. It was dirty and unwashed bed clothing’s etc. so they requested for again and again to the hospital authority for removal of the same and for restoration of the TV service and hot water service. Next morning at 7 a.m. complainant left the lodge for attending their two days one night package tour and then returned at the lodge after their tour on 19-11-2012 at about 8 p.m. and the lodge authority provided the same rooms but the condition of the rooms was as previous and they did not change any bed clothing and do not repair T.V. connection and hot water line. Then again complainant requested and after that they repaired one Geyser of Room No.305 on next morning i.e. on 20-11-2012. On 21-11-2012 at about 9 a.m. complainant left the lodge completely for their return journey and on behalf of that complainant met with the authority of lodge at 9 p.m. on 20-11-2012 for clearing all dues of two days 19-11-2012 and 20-11-2012 lodging and food stuff but then they demanded the room charges of room no.306 for two days 19-11-2012 and 20-11-2012 and forced to the complainant to pay that amount and after that complainant paid the amount of Rs.990/- i.e. Rs.450/- x 2 days + 10 percent service charged vide Receipt No.F 42.
Next morning near about 9 a.m. when complainant demanded the registered book at the time of departure for noted departure time and remarks but they did not want to give it to him at first but when complainant oppose then they placed it but before complete the remarks they took the book.
Reaching at Kolkata complainant went to the office of OP to note and submit a written compliant officially but OP refused to accept it but they consulting with lodge authority at that time and discussed over phone in presence of the complainant. Thereafter, complainant met six times with the OP but they did not attend and agreed to pay excess charge charged by the lodge authority. So, ultimately complainant sent a registered letter with A/D on 02-09-2013 to know the decision of the OP and also about the fake assurance buyt the OP did not respond.
Ultimately considering the negative attitude of the OP complainant lodged a complaint before the CA&FBP, Kolkata but that was not disposed of and ultimately for negligence and deficient manner of service complainant filed this complainant prayed for redressal.
On the other hand, OP by filing written statement submitted that Mamata Sarkar booked Room No.303, 304 and 305 of Holiday Home of the OP situated at New Apsara Lodge at Gangtok for 17-11-2012, 19-11-2012 and 20-11-2012 and Room No.306 only for 20-11-2012 complainant Mamata Sarkar checked in Room Nos.303, 304 and 305 at 8.00 p.m. on 17-11-2012 and checked out thereof on 18-11-2012 at 7.00 a.m.
Complainant along with his parties checked Room Nos.303,304,305 and 306 at 8.00 p.m. on 19-11-2012 although there was no booking in respect of Room No.306 though there was no booking in respect of Room No.306 for 19-11-2012 this appears that the complainant made private arrangement with the lodge authority for occupation of Room No.306 on 19-11-2012 without any consent or concurrence of the OP and the complainant did not have even the courtesy to inform the OP by over phone about occupying room No.306 on 19-11-2012 on private arrangement.
At the time of settling the food bill, the lodge authorities charged the complainant Rs.990/- extra as lodging charges of Room No.306 for two days i.e. as per Rs.450/- per day plus service charge for 19-11-2012 and 20-11-2012.
The grievance of the complainant is that in respect of Room No.306 for 20-11-2012 by the complainant to the OP as per receipt No.F-42 Rs.900/- plus service charge Rs.90 extra to the lodge authorities under compelling circumstances and for which complainant prayed for refund to the Lodge Authority which was not refunded to the complainant by the OP.
OP is further submitted that OP is a Cooperative Credit Society Ltd. and for their family tour and for this purpose the society had taken on lease several rooms from hotels/lodges of different places including at Sikkim at New Apsara Lodge and Room No.303, 204, 305 and 306 were taken on lease by the society/OP from the Lodge Authorities and lodge authority will provide said rooms for stay to the authorized persons only on the specified dates mentioned in the letter of allotment issued by the OP. They cannot provide the said rooms to unauthorized persons without express consent from the society and in fact complainant never booked the said room No.306 for 19-11-2012 or 21-11-2012 and in respect of that room there was no booking made by the OP. So, OP has no liability and for which complainant was liable to pay the charges as would be fixed by the lodge authority because in respect of that no booking was made by the complainant, no authority booking was accepted by the OP in respect of room no.306 only for 20-11-2012 and when complainant took room No.306 for 19-11-2012 and 21-11-2012, it was not provided by the OP and OP did not booked that room for the complainant for those days.
Fact remains when the OP reported the matter to the lodge authority, lodge authority agreed to pay Rs.145/- which was taken as found excess but except this complainant is not entitled to get any another benefit and another factor is that OP only gave assurance of the booking but about maintenance it is the responsibility of lodge authority but complainant has not made party to the lodge authority who did not serve properly and in view of the fact the present complaint should be dismissed.
Decision with Reasons
On proper consideration of the materials on record and also considering the booking slip it is found that complainant for 19-11-2012 and 20-11-2012 booked room no.306 but for 19-11-2012 was not booked by the OP and no such booking amount was paid to the OP for booking the same on 19-11-2011 but booking in respect of 306 was only for date 20-11-2012. So, under any circumstances, OPs are not liable for booking the room No.306 on 19-11-2012 because no such amount was deposited to the OP at the time of booking, in fact, those rooms are on lease in favour of the OP but complainant by personal arrangement with Apsara Lodge took that room and for that they are compelled to pay charge of the hotel for which OP is no doubt responsible and it is the responsibility of the complainant because they took that room for 19-11-2012 by personal arrangement with Apsara Lodge but for that room complainant did not booked the room at the time of booking of other rooms with the OP so apparently it is found that there was no contract in between the complainant and the OP for booking the room no.306 for the date 19-11-2012 and 20-11-2012 so it is clear that on the basis of money receipt F-42 dated 21-01-2012 we are convinced that complainant has brought a false allegation against the OP and there was no laches, negligence on the part of the OP and another factor is that about service by the hotel authority the allegation which are brought cannot be taken into account in view of the fact against that alleged complaint, no complaint has been filed or lodged against lodge authority for which present complainant cannot be entertained against the OP because OP only issued the pass for staying in the said rooms but service are being provided by the hotel /lodge authority as because hotel/lodge authority did not provide any such facilities for which the complainants ought to have included the lodge authority as party and when lodge authority is not made a party then invariably there is no scope to grant any relief in favour of the complainant.
In the above observations and findings we are convinced to hold that deficiency, negligent on the part of the OP is not at all proved. Allegation is against lodged authority but lodge authority is not made a party for which the complaint fails
Hence,
Ordered
That the case be and the same is dismissed on contest but without any cost against the OP.
