DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
AT: KASTURI NAGAR, Ist. LANE, L.I.C.OFFICE BACK PO/DIST: RAYAGADA , STATE: ODISHA, PIN NO.765001, PHONE/FAX NO.06856-223025.
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C.C. Case No.109/ 2015
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Smt. Ch. Nirmala Kumari Raju, LLB, Member
Sri Pratap Chandra Das, S/o Sri Neelokanatho Das, Advocate, Rayagada. ………Complainant
Vrs.
Jupitor, Lodging & Boarding, Represented through it’s Owner, Opposite to Jyothi Theatre Ladies Gate, Dabagardens, Visakhapatnam-530020,A.P ……...Opp.Party
Counsel for the parties:
For the complainant: In Person
For the O.P: Exparte
JUDGMENT
The facts of the complaint in brief is that, the complainant had made a plan to got to Vizag for the medical check of his parents on 14.03.15 and before his going he inquired about availability of two A.C. Rooms to the Manager of the O.p, who assured to provide the same and as per the assurance of the O.p Manager, the complainant reached at Vizag and went to the O.p lodge at 9.30 AM at that time one Mutry was on duty . The complainant asked for the two AC Room and inquired about the availability of lift facilities as the parents are aged persons and are not able to claim up stair by foot. The Manager of the O.p gave an impression to the complainant that the lift is working and the rooms are good and asked for payment of advance for two rooms. The complainant believing the version of the Manger paid advance of aRs.2200/- and when he went to the room he found that the lift was not working and rooms allotted are not hygienic and not fit for human stay. Then the complainant immediately approached the Manager and told that the facilities are not in accordance with him version and asked him to return back the advance amount. The manager of the O.p told that he will ask from his owner and return back the amount and told to come at about 1 P.M. As the complainant was anxious for the medical check of his parents he along with his parents went to another lodge named Kinnera which is situated by the side of the O.p’s lodge and book two A.C rooms and stayed there. The complainant as per the person of the Manager approached at 1.00P.M and requested him to refund the advance amount but to utter surprise of the complainant the Manger replied that the owner has refused to refund the amount. Hence the complainant prayed before this forum to direct the O.p to refund the advance amount of aRs.2200/- along with compensation of aRs.10,000/- for mental agony and cost of litigation Rs.400/- and such other relief as the forum deems fit and proper. Hence, this complaint.
On being noticed, the O.ps neither appeared nor filed written version as such the O.p was set exparte and in absence of any written version from the opposite party we proceeded the matter exparte and believed the allegations of the complainant and hence, we passed the order and dispose of the matter with the following directions.
ORDER
The opposite parties are directed to refund the cost of the advice amount of Rs.2,200/-and pay compensation of Rs.1000/- for mental agony undergone by the complainant and cost of Rs.500/- within one month from the date of receipt of this order, failing which the O.Ps are liable to pay interest @ 12% p.a. on the above awarded amount till the date of payment.
Pronounced in open forum today on this 24th day of June,2015 under the seal and signature of this forum.
A copy of this order as per the statutory requirements , be forwarded to the parties free of charge.
Member President
Documents relied upon:
By the complainant:
- Xerox copy of Bill No.87 dt.14.03.2015
- Xerox copy of Bill No.20152950 dt.14.3.15
By the Opp.Party: President
