This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint submitted that complainant booked a Package Tour namely “Evergreen Darjeeling (Comfort)” with the OPs for visit Darjeeling for 4 days and 5 nights on 26-11-2012 for 4(four) persons i.e. himself, his wife and his two minor sons and for which a sum of Rs.31,400/- which charged for the said tour including trains fairs, two night non AC accommodation at Darjeeling, all sightseeing and transfers as per the itinerary by non AC vehicle on sharing basis, meals on MAP Plan (Breakfast + Dinner) i.e. Kolkata to Kolkata etc.

          Date of journey of the said package tour was 29-12-2012 and return date 02-01-2013 at Kolkata and accordingly complainant along with his family arrived at Darjeeling on 30-12-2012, OPs arranged for boarding at Darjeeling for the complainant in Hotel Darjeeling Gymkhana Resort at Mall Road, Chowrasta, Darjeeling (A Heritage Hotel) on 30-12-2012.  The hotel management provided two rooms for two days i.e. 30-12-2012 and 31-12-2012 but said hotel was purely vegetarian and the same was not disclosed by the OPs to the complainant at the time of booking the said tour.  On 31-12-2012 from 7 p.m. to next day 10 a.m. i.e. 01-01-2013 there was no supply of water in the rooms of the complainant and it is further a fact that there was no electric supply from 7 p.m. on 31-12-2012 till the time when the complainant left the said hotel on 01-01-2013 from rooms which are the essential services for the tourist in the said heritage hotel.

          Complainant immediately contacted with the hotel management on 01-02-2013 and lodged written complainant but no fruitful result was achieved and for the aforesaid deficiency of service of the OP caused mental pain and harassment to the complainant and his family members and it is no doubt a fact that they adopted such path only for the purpose of spending minimum money against such tour to get huge profit.  Subsequently, complainant reported the matte to the OP and requested the OP for refund and for compensation but OP did not pay any heed for which the complaint was filed for redressal.

          On the other hand OP by filing written version submitted that entire claim is completely false and fabricated and all the allegations are not against the OP but against the Darjeeling Gymkhana Resort and fact remains during tour complainant did not file any complaint to the management of the hotel for not getting such service during their stay.  It is further submitted that said resort was chosen by the complainant out of many options given by IRCTC to the complainant during the time of booking and the said hotel was chosen by the complainant at his own will.  The complainant has checked the website of various hotels offered by IRCTC and selected the said hotel and complainant expressed his interest to stay at heritage hotel at the time of booking so OP has no deficiency in this regard.

          Further it is submitted that when the complainant was consuming the food did not complain and though complainant ought to have reported the hotel authority and in fact, regarding cost of vegetarian and non vegetarian meals there is hardly any difference in cost rather sometimes vegetarian meals are higher at cost than that of non-vegetarian meals.  Moreover complainant at the time of booking did not mention what type of meal he shall have to take and he ought to have informed the matter to the hotel authority when he selected that hotel as per their choice and if during stay complainant used to inform the OP in that case OP shall arrange another hotel with whom there is a tie up with IRCTC but no complaint was made at the time of their stay.

          Further it is submitted that irregular power of supply is common feature of Darjeeling in recent times.  But whenever there is a power cut, generator is operated upto a schedule time in the night to avoid fire hazard and it is the practice of the most hotel in Darjeeling not to operate the geyser during power cuts to avoid fire hazards and in such a situation water or hot water was supplied to all guests physically by bucket by the staff of the hotel as per their demand and same was also done in the present complainant.  Moreover it is submitted that complainant created pressure upon the management to write a letter to the complaint at the time of checking out of the hotel and with reference to other allegation it is the submission of the OP that practically OP as per choice of the complainant booked the hotel and it was the duty of the complainant to make such allegation to hotel authority just after entry in the Hotel about his choice of food etc. but nothing was done but after return everything was reported to OP but not before that though always discharged their liabilities and their service and for which present complaint should be dismissed and in fact complainant only to harass the OP and for getting compensation this complaint is filed.

Decision with Reasons

On proper consideration of the argument of the Ld. Lawyer of the OP and also the complainant and further considering the written version of t he OP it is clear that there was no electric connection in the said hotel and water supply was not there because there was disruption of electric connection and it is also admitted by the OP that electric generator has been used only for some hours but except that period no doubt the complainant did not get electric supply, water supply from the hotel then it is clear that in such a hotel complainant suffered much.  But about the sufferings of the complainant OPs version is that it is the common feature at Darjeeling and if that was the fact, it must be reported by the OP to the complainant at the time of booking of the tour that the complainant shall have to face several problems because such an atmosphere shall be found in all the hotels at Darjeeling and if this matter would be reported to the complainant in that case complainant may not accept the said tour programme and may not deposit the amount.  But OP did not disclose all these loopholes of the hotels at Darjeeling for which the tourists are being harassed then it is clear that complainants were harassed due to OPs non-disclosure of the situation of the Darjeeling at relevant time.  Anyhow, the OP has not denied about sufferings of the complainant and about not getting service from the hotel authority but fact remains booking was made by the OP but may be hotel was selected by the complainant but fact is that the several hotels with whom there is a tie up with the present OP.  So, considering the above fact we are convinced to hold that about non-availability of electricity and water, at that hotel OP did not disclose it to the complainant at the time of booking even when the complainant selected the hotel out of the list of hotels as per list as produced by the OP, OP did not disclose that complainant shall not have to get such service in that hotel then no doubt the OP by such an act adopted unfair trade practice.  The present OP is a Government undertaking concern and it is their duty to give the true picture to the customers that is tourists when good consideration is received by the OP from the tourists so the tourists may not be misguided by the OP but in this case it is proved practically complainant with high hope relied upon the OP for such tour programme which was conducted by the OP but ultimately he enjoyed a very unhabitable situation at Darjeeling and fact remains he failed to get such avenues as per expression of the OP and no doubt such a service on the part of the OP tantamounts to negligent and deficient manner of service and truth is that OP before hand received Rs.31,400/- from the complainant and assured that the complainant shall have to get a very soothing journey and also other services during their tour when the heading of the tour is “Evergreen Darjeeling (Comfort)” but the complainant was exhausted for getting no comfort rendered by the OP through that Hotel and for which the complainants evergreen mind was dried due to negligent and deficient manner of service of the hotel and invariably due to OPs callous attitude to entertain the tourist during their tour as the tour programme was conducted by the OP, complainant and his family member suffered pain and agony then it is the liability of the OP to keep watch about comfort and discomfort of the tourist but that was overlooked and now before this Forum it is the defence of the OP, that it is the common feature of Darjeeling hotels then why advertisement was made for a package tour namely “Evergreen Darjeeling (Comfort)” when OP was aware of the fact that tourists shall not have to get any comfort from the Hotel if the advertisement of the package tour would be “Ever Dried Darjeeling Discomfort” in that case complainant shall not have to book that package.  But truth is that “Evergreen Darjeeling (Comfort)” package tour has become “Ever Dry Darjeeling Discomfort” to the complainant and for which no doubt OP is fully responsible and fact remains OP did not keep any watch about comfort of the present complainant for which they suffered and it is no doubt an unfair trade practice on the part of the OP and that is the common practice of the OP also in almost all the cases and their agencies are here and there for collecting money from the tourists but they are not by the side of the tourist at spot.  In the light of the above observation we are convinced to hold that there are laches on the part of the OP and OP did not render proper service and also suppressed the fact that complainant shall have to enjoy the stay at hotel with discomforts at the hotel which was in the knowledge of the OP and by such an act OP has no doubt caused discomfort to the tourists for so many manner and for that reason complainants have suffered much mentally, physically and also suffered huge loss but they did not enjoy any comfort during their stay and journey.  In the result, complainant is entitled to get some compensation for the OP’s unfaithful act and for not rendering service and not to provide good avenues to the complainant at that hotel with whom the OP has tie up.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/-(Rupees Five thousand only). 

          OPs are hereby directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation to the complainant in causing mental pain and agony and for not rendering service to the complainant as tourists even after receiving huge charge of Rs.31,400/- (Rupees Thirty one thousand four hundred only) for such “Evergreen Darjeeling (Comfort)” which has been turned into Ever Dry Darjeeling Discomfort to the complainant.

          For adopting such sort of unfair trade practice by the OP and to check their such sort of unmerchantable business they are imposed a punitive damages of Rs.5,000/- (Rupees Five thousand only) which shall be paid to this Forum.  OPs are directed to comply the order within 15(fifteen) days from the date of this order failing which for disobedience of the Forum’s order they shall have to pay penal interest @200/- per day till full satisfaction of the decree and said amount shall be deposited to this Forum if collected.

          If reluctant attitude on the part of the OP regarding implementation of the order is found in that case penal proceeding will be started u/s.27 of the C.P. Act for which they shall be responsible.