DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.513/2016
Date of Filing: Date of Admission: Date of Disposal:
12.08.2016 05.09.2016 02.01.2018
Complainant: Sri. Raghubir Adhikary, S/o Sri. Ramendra Nath Adhikary
Proprietor of ‘Rambo Travels’, 2552, Maa Sarada Road,
Pioneer Park, P.O. & P.S.-Barasat, Kolkata-700 124,
District-North 24 Parganas.
Vs.
Opposite Party:- LARICA Resorts Private Limited,J 1/5, Kariwala Tower,
6th Floor, Block-EP, Sector-V, Salt Lake City, Kolkata-700 091.
P R E S E N T :- Sri Siddhartha Ganguli ….………………………Member.
:- Smt. Silpi Majumder………………………………Member.
ORDER: 13
The complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to refund the amount as paid till filing of this complaint.
The brief fact of the case of the Complainant is that being a reputed business man he is carrying his travel business in the market with good reputation, but due to deficiency in service of the OP he has lost his goodwill and money in the tour and travelling business. He is operating his business throughout West Bengal as well as India. The OP is engaged with hotel and resort business throughout West Bengal as well as India. An agreement was made by and between the Complainant and the OP over telephone and e-mail as the Complainant booked 51+1 rooms at Larica Holiday Inn, New Digha on 04.06.2016 and the same was confirmed on 06.06.2016 through an e-mail made on behalf of the OP. The Complainant paid a sum of Rs.10,000/- to the OP as advance rent to the bank account of the OP by through net banking on 06.06.2016 and subsequently paid a sum of Rs.40,000/- on 22.06.2016. Regarding confirmation of the hotel booking the Complainant talked with Mr. Girish Sharma, Director of that concern, Mr.K. Sharma, office staff and Dolly Hazari, Manager (H.R.) over telephone and e-mail. The Complainant made an agreement with the Kingston Law College, Barasat for educational excurtion at Digha comprising of 200 students of the said college. As per the agreement on 23.06.2016 the Complainant reached along with 200 students to Larica Holiday Inn at about 5 p.m. and found hotel locked in lock and key condition. From some police personnel and other people the Complainant came to know that the said hotel is already in lock and key condition. Finding to other alternative the Complainant requested the hotel Manager and Staff to arrange another hotel for the students, but they did not care and pay any heed to his request. The Manager and the Staff of the said Hotel was further requested by the Complainant to make arrangement for the students, but they did not take any step nor refund the amount as paid by the Complainant to the tune of Rs.50,000/-till date. As the grievance of the Complainant had not been redressed by the OP, hence having no other alternative the Complainant ahs approached before this Ld. Forum by filing this complaint praying for direction upon the OP to refund the amount as paid along with interest to him.
The record reveals that inspite of receipt of notice the OP did not turn up to contest the complaint either by filing written version or verbally, so this Ld. Forum was pleased to fix the complaint exparte against the OP.
The Complainant has adduced evidence on affidavit and he also filed written notes of argument. We took up the argument of this complaint exparte against the OP. Be it mentioned that on the date of argument none was present on behalf of the OP.
We have carefully perused the record; documents filed by the Complainant and hear argument advanced by the ld. Counsel for the Complainant. It is seen by us that in the petition of complaint the Complainant has mentioned that being a reputed business man he is carrying on tour and travel business throughout West Bengal as well as India. The pleading of the Complainant is clearly revealed for business purpose he had availed of the service of the OP. In the petition of complaint though it is written that he is carrying on this business as self employed, but the said line has been incorporated in the petition of complainant after notarized and on the margin of the said paragraph the Complainant has put his signature, which is not permissible in the eye of law. In our view as the Complainant has hired service of the OP for commercial purpose, hence this complaint is not maintainable in view of the Section 2(1) (d) (ii) of the Consumer Protection Act, 1986.
It is ordered that the complaint being no-513/2016 is hereby dismissed exparte against the OP without any cost being not maintainable. However the Complainant is at liberty to approach the appropriate Forum/Court, if not barred otherwise.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member
Dictated & Corrected by me
